Walgreens’ Woes: Retail Pharmacy Giant Reportedly Weighing Private Equity Sale to Sycamore Partners

Walgreens’ Woes: Retail Pharmacy Giant Reportedly Weighing Private Equity Sale to Sycamore Partners

https://www.doximity.com/collections/890523eb-6a52-412a-8533-fb6bbf3abd1b

After a tumultuous run which included making major investments into healthcare delivery assets (most notably VillageMD), Sycamore Partners is reportedly taking Walgreens private as scooped by the Wall Street Journal.

In November, Walgreens parted ways with VillageMD CEO Tim Barry.

It has been a tough few years for the beleaguered retail pharmacy player, and Walgreens has been brought to its knees in 2024. The knockout punch was coming. How did we get here?

Walgreens has been hit hard by uncontrollable secular shifts in consumer behavior. Amazon and others are eating Walgreens’ retail lunch.

The retail side of Walgreens’ business is stagnant and oversaturated with stores, as more consumers shift to online shopping. This challenge is two-pronged. The pharmacy business traditionally operated like a “gas station” model—drawing foot traffic that would lead to retail sales. But as patients increasingly choose online prescription refill services for convenience, fewer people are visiting physical pharmacy stores, resulting in decreased retail shopping at these locations.

So when retail sales sagged, Walgreens needed to make a move in a big way. The big plan involved embarking on an ambitious business transformation journey into healthcare delivery .

This journey jump-started in 2021 with VillageMD as Walgreens cobbled together the below healthcare footprint to sell a healthcare transformation story, including diving into value-based care headfirst.

Execution, however, didn’t go as planned. As Hospitalogists reading this breakdown know, healthcare is hard. Primary care is hard. Value-based care is hard. This dynamic isn’t unique to Walgreens and VillageMD, either.

Unfortunately this assemblage of assets no longer seems to be industry leading.

Plain and simple, Walgreens was desperate and overpaid for what it got in a low-interest rate environment. In its 2024 full year earnings release Walgreens incurred an $8.6B net loss on $12.7B in goodwill impairment charges (meaning they overpaid for these companies and the current earnings/economics could not support the acquired valuation, more or less). VillageMD performance weighed down the healthcare story given acute pressures in Medicare Advantage and changes to risk adjustment, along with significant capital and timeline required to build out an appropriate risk-bearing primary care player.

Unfortunately, unlike CVS, Walgreens lacks some of the most important assets to execute on the strategy (at least so far) to make the flywheel…fly – the PBM and the health insurance plan (side note that CVS isn’t doing particularly well either but for its own reasons).

Despite its own struggles, CVS holds a believable narrative to tell investors. From Q3:

But I digress. This is Walgreens’ share performance since acquiring a majority stake in VillageMD for $5.2B in late 2021, then proceeding to attach Summit Health for $9B in late 2022. At its peak, Walgreens held a $100B+ market cap in 2015.

Today it sits at $8B:

In Walgreens, Sycamore is acquiring a struggling giant, but with a vast revenue base and operating footprint – $147.7B in revenue. While not being an accountant, the impairment charges are largely addressed in 2024, so Sycamore probably thinks there’s significant value to unlock over time as a private company – and tax savings to boot. I’m inclined to agree. Walgreens holds some bright spots. Without being under the gun of quarterly investors Walgreens will have more freedom to reduce its debt load and continue billions of dollars in cost-cutting initiatives (1,200+ store closures in the coming years, capex reductions, working capital reductions). Expect to see Walgreens continue this trajectory but also focus on growing service lines like specialty pharmacy – probably its best acquisition to date.

 

FDA Says Compounded Tirzepatide Must Exit the Market

FDA Says Compounded Tirzepatide Must Exit the Market

Compounders only have 2 to 3 months left to copy injectable

https://www.medpagetoday.com/endocrinology/obesity/113478

The shortage of the diabetes and obesity injectable tirzepatide (Mounjaro, Zepbound) has been resolved, the FDA announced

As a result, compounders will have a grace period of 60 to 90 days to wrap up production and distribution of the combination GIP/GLP-1 receptor agonist during which the FDA won’t take legal action against them, “to avoid unnecessary disruption to patient treatment and to help facilitate an orderly transition,” the agency noted in a letter to maker Eli Lilly

Compounders are only allowed to make copies of a drug when it’s on the FDA shortage list, meaning the demand or projected demand of that drug exceeds the U.S. supply.

First added to the shortage list nearly 2 years ago, the agency initially determined that the tirzepatide shortage was resolved on Oct. 2, prompting it to be removed from the drug shortage list.

But just 5 days later, the FDA was sued by compounders, and as part of a court order, the agency had to reevaluate its decision to remove tirzepatide from the shortage list — a decision that has now been confirmed.

As part of its reevaluation, the agency concluded that the supply is “currently meeting or exceeding demand for these drug products, and that Lilly has developed reserves that it now holds in its finished product inventory, plus significant units of semi-finished product, and has scheduled substantial additional production over the coming months, such that supply will meet or exceed projected demand.”

But even after a shortage is considered resolved, patients and prescribers could still face intermittent localized supply disruptions as products move through the supply chain from the manufacturer and distributors to local pharmacies, the agency noted in their letter.

Furthermore, the 60- to 90-day grace period doesn’t preclude the FDA from taking action for other violations, including in cases of substandard quality or safety concerns.

Approved in 2022 for type 2 diabetes and in 2023 for chronic weight management along with diet and exercise, tirzepatide is the only once-weekly dual GIP/GLP-1 receptor agonist on the market and is arguably the most effective weight-loss injectable

As of today, three other GLP-1 receptor agonists remain on the FDA’s shortage list: semaglutide (Ozempic, Wegovy), dulaglutide (Trulicity), and liraglutide (Victoza, Saxenda). All have been reported as “available” by their respective manufacturers, but the FDA hasn’t formally declared their shortages to be resolved yet.

The agency said it will continue to monitor supply and demand for these products, including tirzepatide.

Biden’s DOJ taking its last swing for the fences

As you read the accusations of the DOJ on CVS, notice the words they use accused of alleges …  dangerous and excessive quantities of opioidstrinity cocktailsespecially dangerous and abused combination of drugs made up of an opioid, a benzodiazepine and a muscle relaxant…. “known ‘pill mills.”…  bearing the hallmarks of abuse and diversion… invalid prescriptions with red flags… what it called CVS’ unlawful practices and to prevent future violations…

THIS IS SUCH BS !!!  Their allegations are nothing but the DOJ doing some statistical number crunching and them “counting” the number of  “statistical out-liars”  as determined by the DOJ or DEA.

There is no mention of a time frame, numbers of prescriptions or any other specific numbers

This year the SCOTUS overturned the Chevron Doctrine which means that federal agencies do not have the statutory authority to create new interpretations of the laws they are in charge of enforcing. In regards to the DEA, think about all the RED FLAGS that they have created during the last 5 decades.

From www.perplexity.ai:

How many prescriptions for opioids/opiates were filled over the last decade

To estimate the number of opioid prescriptions filled over the last decade, we can use data from various sources that track opioid prescribing rates and trends.

National Opioid Prescribing Rates

  • From 2013 to 2015, the annual opioid prescribing rates in the United States decreased from 81.2 prescriptions per 100 persons to 70.6 prescriptions per 100 persons
    1

    .

  • By 2019, the national opioid dispensing rate had further declined to 46.8 opioid prescriptions per 100 persons, and by 2023, it had dropped to 37.5 prescriptions per 100 persons
    6

    .

Total Number of Prescriptions

To calculate the total number of opioid prescriptions, we need the total U.S. population and the prescribing rates per 100 persons.

  • The U.S. population in 2013 was approximately 316 million, and by 2023 it was around 334 million.
  • Using the average population over the decade, we can estimate the total number of prescriptions.

Example Calculation for 2019 and 2023

  • In 2019: With a population of about 328 million and a rate of 46.8 prescriptions per 100 persons, the total number of opioid prescriptions would be:
    328,000,000×46.8100≈15,358,400 prescriptions
  • In 2023: With a population of about 334 million and a rate of 37.5 prescriptions per 100 persons, the total number of opioid prescriptions would be:
    334,000,000×37.5100≈12,525,000 prescriptions

Average Annual Prescriptions Over the Decade

Given the declining trend, we can estimate an average annual number of prescriptions. Here is a rough estimate based on available data points:

  • Average annual prescriptions from 2013 to 2015: Approximately 75-80 prescriptions per 100 persons (midpoint of 77.5)
    1

    .

  • Average annual prescriptions from 2019 to 2023: Approximately 42-46 prescriptions per 100 persons (midpoint of 44)
    6

    .

Using these midpoints and the average U.S. population over the decade (around 326 million), we can estimate:

  • For the period 2013-2015:
    326,000,000×77.5100≈25,295,000 prescriptions per year
  • For the period 2019-2023:
    326,000,000×44100≈14,344,000 prescriptions per year

Total Over the Decade

Assuming a gradual decline from the higher rates in the early part of the decade to the lower rates in the latter part, we can estimate an average annual number of prescriptions. Let’s use a rough average of these two periods:

Average annual prescriptions=25,295,000+14,344,0002≈19,819,500 prescriptions per year

Over a decade (2013-2023), the total number of opioid prescriptions would be:

19,819,500×10≈198,195,000 prescriptions

This is a rough estimate and actual numbers may vary based on more precise data and trends. However, it gives a general idea of the scale of opioid prescriptions filled over the last decade.

Citations:
[1] https://www.cdc.gov/mmwr/volumes/66/wr/mm6626a4.htm
[2] https://www.cvshealth.com/news/pharmacy/cvs-health-fighting-national-opioid-abuse-epidemic-with-enterpri.html
[3] https://jamanetwork.com/journals/jamapediatrics/fullarticle/2781107
[4] https://www.cnn.com/2024/12/18/business/doj-cvs-opioid/index.html
[5] https://www.nature.com/articles/s41598-024-52032-4
[6] https://www.cdc.gov/overdose-prevention/data-research/facts-stats/opioid-dispensing-rate-maps.html

CVS knowingly dispensed ‘massive’ amount of invalid opioid prescriptions: DOJ lawsuit

https://www.newsbreak.com/news/3722553226577-cvs-knowingly-dispensed-massive-amount-of-invalid-opioid-prescriptions-doj-lawsuit

The largest pharmacy chain in America is accused of “unlawfully dispensing massive quantities of opioids and other controlled substances to fuel its own profits at the expense of public health and safety,” according to a civil lawsuit filed by the Justice Department, which was unsealed Wednesday.

The DOJ lawsuit alleges that CVS has, for more than a decade, knowingly filled sometimes-dubious prescriptions for controlled substances that lacked a legitimate medical purpose, or were not valid.

Those prescriptions included “dangerous and excessive quantities of opioids” and “trinity cocktails” — a blend of “especially dangerous and abused combination of drugs made up of an opioid, a benzodiazepine and a muscle relaxant,” the suit stated.

The suit also accuses the company of filling “at least thousands of controlled substance prescriptions” penned by “known ‘pill mills.'”

In a statement to ABC News, CVS spokesperson Amy Thibault called the suit “misguided” and said company officials “strongly disagree with the allegations and false narrative” described in the DOJ suit and will “defend ourselves vigorously.”

DOJ’s lawsuit says CVS “contributed to the opioid crisis, a national public health emergency with devastating effects in the United States.” The suit went on to say: “These included illegitimate prescriptions for extremely high doses and excessive quantities of potent opioids that fed dependence and addiction, as well as illegitimate prescriptions for dangerous combinations of opioids and other drugs.

The suit accuses CVS of ignoring sometimes “egregious red flags” about prescriptions “bearing the hallmarks of abuse and diversion.” The lawsuit points to performance metrics and incentive compensation policies that allegedly pressured pharmacists to “fill prescriptions as quickly as possible, without assessing their legitimacy” and corporate policies that allegedly prioritized speed over safety.

The suit claims CVS refused to implement compliance measures recommended by its own experts to reduce the number of invalid prescriptions with red flags “primarily due to fear that they would slow the speed of prescription filling and increase labor costs,” according to the suit.

The government is seeking civil penalties, injunctive relief and damages to address what it called CVS’ unlawful practices and to prevent future violations.

In her statement, Thibault, the CVS spokesperson, said the company has been an industry leader in fighting opioid misuse.

“Each of the prescriptions in question was for an FDA-approved opioid medication prescribed by a practitioner who the government itself licensed, authorized, and empowered to write controlled-substance prescriptions,” Thibault’s statement said.

She said the DOJ lawsuit “intensifies a serious dilemma for pharmacists, who are simultaneously second-guessed for dispensing too many opioids, and too few.”

 

 

 

 

 

 

 

 

PBM industry TOSS some financial crumbs to pharmacy and ONE national pharmacy associations IS HAPPY

This statement below was out on the web from a VP from one of the NATIONAL PHARMACY ASSOCIATIONS.  This person seem very PROUD that pharmacy can expect an additional FIVE BILLION in profits.

The USA fills 4.9 BILLION prescriptions in 2024. Presume that the PBMs decide what is going to be paid for 90% of them or 4.41 BILLION.  I remember when the PBM industry first showed up on the scene in 1970. The year I graduated from Pharmacy school and got licensed.

Back then 90% of Rxs were brand name meds and today 90% of Rxs are generics. Back in 1970 the average Rx price was in the $4-$5 range, vs today the average Rx is in the $70 range. As a guesstimate, I would say that if it was not for the PBM industry, we are paying at a minimum $30/Rx more because we have all these middlemen involved in our prescription system.

Over the last 5 decades, as the percentage of Rx that the PBMs were controlling went up .. the faster the average Rx prices went up. Multiplying out the number of Rxs the PBM industry control – 4,41 billion by $30/Rx comes out to 132 BILLION/YR.

So it appears that the PBM industry is returning FIVE BILLION. That is just abt 4% of what they are now over-charging and padding their bottom lines. I have to wonder what sort of “song & dance” bureaucrats, politicians and other decision makers were told and they believed that a large number of middlemen coming into ANY SYSTEM.. each with its own overhead costs and desire to show a net profit, could reduce overall expenditures on medication. Again, back in the day, it was claimed that prescriptions were 6% of total medical expenditures and today it is reported that medications are now 12%-15% of total medical expenditures.

Over 45 Million Americans Lack Convenient Access to a Pharmacy

  • Over 46% of U.S. counties are pharmacy deserts. In these counties, more than half of people have to drive more than 15 minutes to reach nearby pharmacies.

  • Today, over 45 million Americans live in a pharmacy desert. That’s an increase of over 9% since 2021, and the rate has outpaced population growth.

  • From 2021 to 2024, the number of community retail pharmacies decreased by nearly 15%, worsening pharmacy access across the U.S.

    Nearly 30% of US drugstores closed in one decade, study shows

  • The study found that more than 29% of the nearly 89,000 retail U.S. pharmacies that operated between 2010 and 2020 had closed by 2021. That amounts to more than 26,000 stores.

Congress has pulled the end of year spending package including long overdue PBM reforms due to unrelated issues. The PBM reforms save $5 billion and represent a lifeline to rural and underserved communities access to their only healthcare provider. Congress should not leave town until these reforms get passed – which are supported by over 100 U.S. House members and 34 U.S. Senators, FTC lawsuits and investigations, multiple congressional oversight hearings, investigations and reports, support from the President-elect, and hundreds of pharmacists’ and patients’ calls, letters, and meetings with congressional staff

Indiana has one of the TOP PHARMACY SCHOOLS IN THE COUNTRY!

There is a total of THREE PHARMACY SCHOOLS IN INDIANA!. Yet especially for the last numerous years, ONLY ONE INDIANA PHARMACY SCHOOL THAT HAS BEEN IN THE TOP TEN PERCENT OF ALL 144  USA Pharmacy Schools  on the percentage of graduates that pass the North American Pharmacist Licensure Examination on FIRST ATTEMPT. I know someone who was in the 1970 Butler Pharmacy School graduating class. That class was also the first class that took the newly created (National) North American Pharmacist Licensure Examination and ONLY ONE OUT OF THAT CLASS THAT DID NOT PASS ON THEIR FIRST ATTEMPT AT TAKING THAT YEAR’S TEST! I felt sorry for my classmate because 1970 was the first draft lottery and he had drew a very low number and the draft board wanted to draft him, but he was trying to get a exemption from the draft until he could take the Indiana boards, which was in Sept and apparently was riding him kind of hard and the stress compromised his him passing his boards.

 

Top 15 pharmacy schools by NAPLEX pass rates

https://www.beckershospitalreview.com/pharmacy/top-15-pharmacy-schools-by-naplex-pass-rates.html

The average all-time pass rate of the North American Pharmacist Licensure Examination was 75.7% in 2023 — a slight increase from the year prior, according to data from the National Association of Boards of Pharmacy. 

In late January, the association released the NAPLEX passing rates for 2023 graduates across 144 schools. Its report compares first-time and all-time pass rates between schools over the last three years. 

In 2021, the first-time pass rate was 81.3%, and subsequent years have dropped to about 77%. For all-time passes, 2021 recorded 77.3%, 2022 saw 73.9% and 2023 saw 75.7%. 

Here are the top 15 pharmacy schools ranked by their all-time NAPLEX pass rates:

Note: The number of attempts in 2023 is included after the percentage.

1. Hampton (Va.) University School of Pharmacy — 100% (4)

2. University of Nebraska Medical Center College of Pharmacy (Omaha) — 97.9% (47)

3. East Tennessee State University Bill Gatton College of Pharmacy (Johnson City) — 95.5% (66)

4. University of Puerto Rico Medical Sciences Campus School of Pharmacy (San Juan) — 95.5% (44)

5. Northeastern University Bouvé College of Health Sciences School of Pharmacy and Pharmaceutical Sciences (Boston) — 93.8% (65)

6. University of Wisconsin-Madison School of Pharmacy — 92.9% (126)

7. Rutgers, the State University of New Jersey Ernest Mario School of Pharmacy (Piscataway) — 92.4% (144)

8. Ohio State University College of Pharmacy (Columbus) — 91.8% (122)

9. University of North Carolina Eshelman School of Pharmacy (Chapel Hill) — 91.6% (143)

10. Butler University College of Pharmacy and Health Sciences (Indianapolis) — 91.1% (101)

11. University of Michigan College of Pharmacy (Ann Arbor) — 90.4% (73)

12. University of Kansas School of Pharmacy (Lawrence) — 90.3% (113)

13. University of Pittsburgh School of Pharmacy — 90.1% (111)

14. Concordia University Wisconsin School of Pharmacy (Mequon) — 90% (50)

15. University of the Pacific Thomas J. Long School of Pharmacy (Stockton, Calif.) — 89.1% (156)

Find the top 20 schools in 2022 by all-time NAPLEX passage rates here.

Be careful on which emails you CLICK ON!

Be careful with any emails that you click on. I have received a RASH of spam/fishing emails. I normally just label them as JUNK and delete them. Last night I got one that would not give me the option of labeling it as JUNK … so I just hit the DELETE KEY on my keyboard and it disappeared….BUT… the shit hit the fan and my laptop lost several programs and/or they would no long work – one was my email prgm.

I even got  a TEXT today on my cell phone wanting me to verify my email that is part of our cable account – that I seldom use. I called the cable company and the text was not from them. I am still trying to put things back together.

Diabetes advocacy group discourages use of compounded GLP-1 drugs

Diabetes advocacy group discourages use of compounded GLP-1 drugs

https://www.biopharmadive.com/news/ada-guidance-compounded-glp-1-drugs-obesity-wegovy-zepbound/734358/

The American Diabetes Association recommended doctors prescribe alternative FDA-approved drugs as Wegovy and Zepbound remain difficult to reliably obtain.

The American Diabetes Association, a high-profile advocacy group, is warning against widespread use of compounded versions of popular weight loss and diabetes drugs like Wegovy and Zepbound.

The group on Monday released an official guidance statement that recommends doctors avoid prescribing unapproved, off-brand versions of the medicines, which have been so in demand their manufacturers, Novo Nordisk and Eli Lilly, have had difficulty keeping up supply.

“We urge health care professionals to consider this guidance statement due to concerns around the safety, quality, and effectiveness of compounded versions of these products,” said Joshua Neumiller, the ADA’s president-elect and a co-author of the statement.

Compounded versions of the drugs may not meet Food and Drug Administration standards for drug content, safety, quality or effectiveness, the ADA said. Compounders have added extra ingredients like vitamins B12 and B6, or have used salt forms of the active prescribing ingredients, leading to dosing errors and adverse events, according to the group.

“We encourage health care professionals and people living with diabetes and obesity to consider this guidance in conjunction with clinical judgment and individual preferences when making informed care decisions,” said Nuha ElSayed, the ADA’s senior vice president for health care improvement, said in a statement.

Wegovy contains semaglutide, a drug ingredient also marketed by Novo as Ozempic for use treating Type 2 diabetes. Similarly, Eli Lilly sells the compound tirzepatide as Mounjaro for diabetes and Zepbound for obesity. Both drugs are also known as incretin therapies or, alternatively, GLP-1 agonists.

They’ve proved powerfully effective at controlling weight and further testing has shown other notable health benefits, such as reducing heart risk for Wegovy and helping control sleep apnea for Zepbound. Demand has soared as a result, leading to periodic short supply over the past two years as Novo and Lilly have struggled to make enough doses.

The shortages have prompted physicians and patients to turn to compounding pharmacies, which make custom preparations of approved products under specific FDA rules permitting their production.

In making the statement, ADA, which includes physicians, health educators and community health workers in its membership, has added a major voice over a dispute that has gripped the FDA and compounding pharmacies over the past few months.

A Court Rejected the Disease Theory of Opioid Addiction. Will We Listen?

There is a “old saying”… when you think that you are a “hammer” everything starts looking like a “NAIL”! Does this also define prominent experts that were able to grant “scientific” credibility who specializes in treating addicts?

A Court Rejected the Disease Theory of Opioid Addiction. Will We Listen?

https://filtermag.org/court-opioid-addiction-disease/amp/

The idea that opioid painkillers are inevitably addictive was put on trial and refuted. But this modern disease theory seemingly can’t be extinguished as long as it is granted “scientific” credibility by prominent experts and unquestioned acceptance by the media.

A 2016 book by Stanford addiction expert Dr. Anna Lembke—Drug Dealer, MD: How Doctors Were Duped, Patients Got Hooked, and Why It’s So Hard to Stop—presented the hard-core, sinister case against drug companies. It’s a case firmly rooted in her view of opioid addiction as an irresistible, irreversible disease.

Meanwhile, the recent, high-profile Hulu series Dopesick is based on the 2018 bestseller by Beth Macy, a journalist who investigated the drug crisis in Appalachia. Macy’s book—Dopesick: Dealers, Doctors and the Drug Company that Addicted America—tells essentially the same story as Lembke’s. The company in question is (or rather, was) Purdue, run by the Sackler family.

The book and series maintain that Purdue/the Sacklers lied that OxyContin was rarely addictive. Instead, people frequently became hooked, and died, because addictiveness is an inherent property of opioids.

Hulu’s Dopesick aims for a feeling of authenticity by, for example, portraying a doctor who had been addicted to OxyContin.

Opponents of the disease model certainly don’t deny that many people become addicted to opioids and other drugs, as well as to powerful non-drug behaviors and experiences. Addiction is fundamental to human experience.

But pointing out the genuine addictive experiences of individuals like Dopesick’s doctor doesn’t shed light on the likelihood of becoming addicted to opioids.

Indeed, we know that likelihood is quite low.

Earlier this month, a court painstakingly ascertained just that, along with dispelling a litany of headline-grabbing claims about opioids 

A Court Rejects Lembke’s Arguments

Unlike Macy and Dopesick’s other producers, Lembke is highly credentialed—a psychiatrist, director of the addiction medicine clinic at Stanford University, and a TED speaker. She is thus deemed qualified to offer expert testimony in court.

On November 1, Judge Peter J. Wilson, in Orange County’s California Superior Court, issued a ruling in a case brought by four California jurisdictions against numerous opioid manufacturers over their alleged liability for causing addiction and many resulting deaths.

His ruling: “There is simply no evidence to show that the rise in prescriptions was not the result of the medically appropriate provision of pain medications to patients in need.”

The court rejected the plaintiffs’ claims, which were based primarily on Lembke’s testimony, finding her and the suing jurisdictions to be plainly wrong in four ways: overstating the incidence of prescription opioid addiction; ignoring the medical benefits of opioid pain relief; generalizing inappropriately from drug death “hot spots” to less severely affected jurisdictions; and failing to show that prescribing practices caused the crisis of opioid-related deaths.

Below are several illustrative quotes taken from an interview with drug manufacturers’ attorneys John Heuston and Moez Kaba, together with excerpts from the judge’s decision.

Hueston: “[The key factor] was Stanford professor Lembke. Dr. Lembke was presented as the lead voice by the plaintiffs for their case trying to establish [drug company] misstatements that drove the crisis in California.”

Kaba: “It’s an extraordinarily methodical order. He [the judge] goes through alleged statement after alleged statement and reaches the findings that these are not false statements …”

“The studies relied upon by Dr. Lembke for that conclusion are inadequate to support it.”

The judge, who regularly stopped the trial to hold detailed discussions about evidence, noted in his ruling that Lembke “testified that one in four patients prescribed opioids would become addicted.”

But, he continued, “as Defendants point out, the studies relied upon by Dr. Lembke for that conclusion are inadequate to support it … the more reliable data would suggest less than 5 percent, rather than 25 percent.” And even with that much lower figure, “addiction based solely on the patient having been prescribed opioids does not occur in ‘most of these patients.’”

Kaba: “One of the things that Dr. Lembke claimed, for example, was that it was false or misleading to suggest that opioids can improve the function of people who take them. And we had her admit very clearly, very plainly, that not just the FDA but the state of California itself in its own laws acknowledges that opioid medications when properly prescribed do, in fact, improve function.”

Defense attorneys were also at pains to contextualize the California jurisdictions’ claims. That is, opioid addiction and death rates are highly dependent on specific locales and social settings.

Defense attorney Hueston: “We certainly wanted to make sure that a case about the opioid epidemic in California actually related to California. And what we wanted to do was to anticipate and blunt the attack from plaintiffs that California is like Appalachia and Tennessee, or some of the other notorious hot spots.”

Kaba: “There’s another part of his order where he says that there’s no causation, which was another big part of our case. In the examination that [Heuston] did of our economist, we proved that there is no causation …”

Proving causation requires linking more prescriptions to greater addiction and death rates. In fact, while there has been a steady decline in painkiller prescriptions, by nearly half, from 2012 to 2020, drug deaths continued to achieve record levels over that period, more than doubling between 2015 and 2020 alone. Causality—if anything—seemingly flows in the opposite direction. That is, restricting painkiller prescriptions leads to negative outcomes.

An Assault on Chronic Pain Patients

The trial additionally highlighted patients’ right to pain relief, and how the disease theory of addiction attacks this right.

Organizations representing pain doctors have strongly objected to draconian limitations imposed on prescribing. The American Medical Association itself has passed “resolutions against the rash of laws and mandatory policies that limit or prevent patient access to opioid painkillers.” Beleaguered pain patients have organized themselves into a grassroots movement.

Heuston: “It was critical to our strategy to ensure that the voices that are in support of proper pain management were heard, that pain management doctors who could help describe the life crises of people who simply have inadequate treatment of pain … the judge’s opinion sets forth not only the understanding of that balance by the FDA and the federal government but how that is enshrined specifically in California in, for instance, the Patients’ Bill of Rights.”

Stanford Medical School and its hospitals, incidentally, subscribe to these rights, including that to opioid medication.

Little wonder that this month, a group representing people with arthritis and rheumatic disease, whose leadership had invited Lembke to present to it, rescinded its invitation: “We understand how some of Dr. Lembke’s previous work and comments can be problematic. Thank you for taking the time and energy to show us articles, interviews, and quotes from Dr. Lembke that are not in keeping with our mission at CreakyJoints.”

Drawing the Wrong Conclusions From Vietnam

The 2020 Netflix series The Pharmacist jumped from a drug-related murder in New Orleans to portray an overwhelming national epidemic of prescription-opioid overdoses due to addiction. This view is put forward in spite of the dominant roles in today’s unprecedented drug-deaths crisis of drug-mixing, of an illicit supply adulterated with fentanyl and its analogues, and of the policies that lead to these conditions. (Due to this toxic combination of factors, it is actually a misnomer to label the deaths simply as “overdoses.”)

Dr. Lembke was interviewed in the Netflix series. “This country has seen two prior opioid epidemics,” she said, citing the Civil War and “when soldiers were coming back from the Vietnam War.”

Most soldiers who used heroin didn’t become addicted, and the overwhelming majority of those who did quickly recovered stateside, without treatment.

But the Vietnam addiction story actually demolishes Lembke’s opioid disease model. As Zach Rhoads and I described in Filter, “Vietnam Vets Proved that Addiction is a Product of Life Circumstances.”

Most soldiers who used heroin didn’t become addicted, and the overwhelming majority of those who did (over 90 percent) quickly recovered stateside, without treatment. The small group whose addictions persisted were identified by their adverse social situations before and after the war.

In 2021, 50 years after Lee Robins’s iconic Vietnam research, science journalist Lauren Aguirre revisited “Lessons learned—and lost—from a Vietnam-era addiction study … It’s too bad this research has been largely forgotten because its lessons can be useful today.”

As Aguirre notes, “many people recover on their own from drug addictions … most of them did not receive formal treatment.”  Furthermore, “exposure to opioids doesn’t inevitably lead to a substance use disorder. Some people can use opioids occasionally without becoming addicted [this included veterans who had been addicted in Vietnam]. In fact, a recent analysis found that only about 3 percent of the tens of millions of people prescribed opioids become addicted.”

In this context, Netflix viewers were led to think that the Vietnam narrative supports Lembke’s (and Dopesick’s) underlying assumption of the inescapability of addiction. But their perspective—which dominates the popular and political discourse—is actually the reverse of the meaning we should have taken from the Vietnam opioid experience.

Media Boosting of the Disease Theory

Media of all kinds and all political stripes are typically stalwart presenters of the Dopesick/Lembke demonization of opioid painkillers. Joe Rogan (who interviewed Lembke*), PBS’s Christine Amanpour (who interviewed Macy), and MSNBC commentators (several of whom interviewed Dopesick producer Danny Strong and showed clips from the series) are just a few examples of the worshipful exposure media give to inaccurate suppositions about opioids.

Hulu promoted a clip from Dopesick in which a tearful Appalachian doctor says that most of his patients became addicted. MSNBC’s Joe Scarborough and Nicolle Wallace, to name two, eagerly endorsed this preposterous claim.

It is our obligation to firmly and finally reject the demonization of drugs—including portraying addiction as the inexorable, irreversible, unavoidable consequence of drug use.

Most media’s ignorance of drug issues has long been a given. More exasperating is when people who support drug policy reform implicitly endorse the disease theory. I recall one event in 2017, at which figures from New York government, public health and several harm reduction organizations celebrated successful efforts to reduce painkiller prescribing since 2012—while simultaneously depicting continually rising drug-related deaths over the same period.

It is our obligation instead to firmly and finally reject the demonization of drugs—including portraying addiction as the inexorable, irreversible, unavoidable consequence of opioid and other drug use.

Many harm reduction and reform advocates rightly focus on the critical role of the social, psychological and economic circumstances faced by people who experience drug-related harms. They understand that drug use is not an infection. It is both a normal behavior and a human response to distress. And they see drug use as a human right, and drug users as a constitutionally protected group.

We will never contain our epidemic of drug deaths until these anti-drug war, anti-disease realizations are more widely shared.

Ohio Supreme Court delivers win to CVS, Walgreens, Walmart in national opioid case

I have always wondered how some of these settlements with Pharmas, Drug Wholesalers and pharmacies – especially chain pharmacies, came to the conclusion(s) that they did. All of these corporations are licensed by the DEA and the state pharmacy boards, to legally be able to buy/sell controlled substances. Both the pharma and the drug wholesaler only knows that they are selling controlled substances to a properly licensed entity.  They have no idea who is – or anything about – the patient who will receive the medication(s).  The chain pharmacy and their employee pharmacist are only providing a controlled med to a patient based on a prescription written by a properly licensed prescriber. The Pharmacist has the final decision to fill or not fill – based on some very limited medical information on the patient. A PDMP report and maybe a single ICD-10 provided by the prescriber.

After what I have seen over the last few years in what some in our judicial system has done, IMO parts of our legal system and those who work in our system and common sense doesn’t always share the same space at the same time.

Ohio Supreme Court delivers win to CVS, Walgreens, Walmart in national opioid case

Court said that big chain pharmacies could not be sued and held liable under Ohio’s public nuisance law for their role in the opioid addiction crisis.

https://www.dispatch.com/story/news/state/2024/12/10/ohio-supreme-court-decision-helps-pharmacies-in-national-opioid-case/76859326007/

The Ohio Supreme Court said on Tuesday that big chain pharmacies could not be sued and held liable under Ohio’s public nuisance law for their role in the national opioid addiction crisis.

Instead, the Ohio Product Liability Act trumps the nuisance law for a case like this, the court found. Local governments would have to follow procedures in that law in their claims against national pharmacy chains.

That means a $650.9 million win in federal court for Trumbull and Lake counties is in jeopardy and it delivers a big win for CVS, Walgreens and Walmart. It also likely will influence cases against the pharmaceutical industry pending in other states.

More than 3,000 lawsuits against makers, distributors and sellers of prescription painkillers were consolidated in U.S. District Court in Cleveland. The National Prescription Opiate Litigation is a massive legal fight over how much money cities, counties and tribal authorities may get to fight the opioid addiction crisis.

The court scheduled 11 “bellwether” trials, including one involving Lake and Trumbull counties against three pharmacy chains.

In November 2021, a jury in federal court found the pharmacy chains liable for creating a public nuisance in Lake and Trumbull counties.

In August 2022, U.S. District Court Judge Dan Polster crafted an “abatement plan” that called for the pharmacy chains paying $650.9 million to the two counties to address the opioid addiction crisis. The money is “equitable relief” − not compensatory damages.

The pharmacies, though, appealed the decision to the 6th Circuit Court of Appeals, arguing that the Ohio Product Liability Act blocked the counties from making a public nuisance claim.

The federal court hit the pause button on the case until the Supreme Court weighed in on the question.

In a 5-2 ruling Tuesday, the Supreme Court said that the Ohio Product Liability Act is the law that addresses public nuisance claims. That law allows for compensatory damages, not equitable relief.

In a dissent, Justices Melody Stewart and Michael Donnelly said that the counties didn’t seek compensatory damages so the product liability law doesn’t apply.

Lawmakers updated the product liability law in 2005 and 2007 to after a public nuisance lawsuit against gun manufacturers.

Could this be the CANARY IN THE COAL MINE moment?

When Dr Bockoff’s office was raided by the DEA and shut down and first, there was the double suicide—Danny Elliott and wife Gretchen from Georgia who took their lives one week after the physician’s office was raided. The above hyperlink is another article on how our judicial system left those two no options but to commit DOUBLE SUICIDE.

A couple of weeks later another patient 42-year-old Jessica Fujimaki, died Dec. 10 at her home near Phoenix. Click the hyperlink above to read a story about Jessia. Autopsy results are pending, but her husband told VICE News he believes the cause of death was complications related to opioid withdrawal and medical conditions that caused severe chronic pain. She left behind two daughters, ages 13 and 11.

Those of us involved with the chronic pain community, often hear about chronic pain pts that die after the DEA raids a prescriber’s office. Either commit suicide because they are left in a torturous level of pain after the DEA/DOJ raided their prescriber’s office and/or they suffer a premature death from the complications of under/untreated pain. Here is a chart that outlines all of those complications. https://www.pharmaciststeve.com/wp-content/uploads/2017/06/harmofpain.jpg

The DOJ/DEA has done this so often to so many prescriber’s offices, they know what is going to happen as a result of their actions… PATIENTS WILL DIE… directly or indirectly because their actions.

 

I Am Torn: Grappling With the Killing of UnitedHealthcare’s CEO

— I detest everything Thompson stood for, yet I am troubled by thoughts of hate

https://www.medpagetoday.com/opinion/second-opinions/113318

 

The Canary In The Coal Mine Died - by Ken Bodnar

The DEA Shut Down a Pain Doctor. Now 3 People Are Dead.

https://www.vice.com/en/article/dea-beverly-hills-doctor-shut-down-opioids/

 

 

Here is what http://www.perplexity.ai has to say about pts who have been patients of a physician’s office that has been raided and shutdown by the DEA/DOJ. Should “we” look into the how the “average Joe” is treated when they do something that they knew could or would end up harming or killing someone and how is members of our DOJ/DEA is treated when they raid prescribers’ offices when they know or should have known that some patients of those prescribers will end up dying (suicide or premature death) or left in a torturous level of pain because of their decisions and actions?

what does the DEA do to help chronic pain patients of physicians’ practices that they raid and shut down and the patients have no physicians who will accept and treat these patients

The Drug Enforcement Administration (DEA) does not appear to have specific programs or measures in place to directly help chronic pain patients whose physicians’ practices have been raided or shut down. The DEA’s actions have had significant unintended consequences for chronic pain patients, often leaving them without access to necessary pain medications and struggling to find new healthcare providers willing to treat them.

## Impact on Chronic Pain Patients

When the DEA raids and shuts down a physician’s practice, chronic pain patients often face severe challenges:

1. Loss of access to pain medications: Patients suddenly lose access to their prescribed opioids, which can lead to withdrawal symptoms and increased pain[1].

2. Difficulty finding new providers: Many physicians have become reluctant to prescribe opioids due to fear of DEA scrutiny, making it extremely challenging for patients to find new healthcare providers willing to treat their chronic pain[2].

3. Increased suffering: The sudden loss of pain management can result in increased pain, reduced functionality, and a lower quality of life for patients[1].

4. Mental health consequences: Some patients report experiencing suicidal thoughts when unable to access their prescribed medications[6].

## DEA’s Approach and Consequences

The DEA’s primary focus appears to be on enforcement rather than addressing the needs of chronic pain patients affected by their actions:

1. Targeting high-dose prescribers: The DEA has been known to target physicians who prescribe high doses of opioids, even when these prescriptions may be medically necessary for certain patients[1].

2. Creating a chilling effect: The DEA’s actions have led many physicians to stop prescribing opioids altogether, further limiting options for chronic pain patients[2].

3. Lack of direct support: There is no evidence of the DEA providing direct assistance or alternative care options for patients affected by their enforcement actions[1][2].

## Unintended Consequences

The DEA’s approach to combating opioid abuse has had several unintended consequences:

1. Increased suffering for legitimate patients: Many chronic pain patients who rely on opioids for pain management have been left without adequate care[1].

2. Reduced access to pain management: The fear of DEA scrutiny has led to a decrease in the number of physicians willing to prescribe opioids, even for legitimate medical purposes[2].

3. Potential increase in illegal drug use: Some patients, left without access to prescribed medications, may turn to illegal sources to manage their pain[1].

While the DEA’s intentions may be to address the opioid crisis, their actions have often resulted in significant hardships for chronic pain patients. The lack of specific programs or measures to assist affected patients highlights a gap in the current approach to balancing drug enforcement with the needs of legitimate pain patients.

Citations:
[1] https://www.vice.com/en/article/dea-raided-chronic-pain-doctor-forest-tennant/
[2] https://simonfengmd.com/the-deas-role-in-depriving-patients-of-pain-medications/
[3] https://wa-provider.kaiserpermanente.org/static/pdf/provider/resources/pain-toolkit.pdf
[4] https://www.mhs.net/patients-and-visitors/pain-management
[5] https://painconnection.org/support-groups/national-support-groups-for-chronic-pain/
[6] https://lynnwebstermd.com/2015/04/06/dea-inflicts-harm-on-chronic-pain-patients/

How do patients find new doctors after their previous ones are shut down by the DEA

Finding new doctors after a previous physician’s practice has been shut down by the DEA can be a challenging and frustrating process for chronic pain patients. While the search results don’t directly address this specific situation, we can infer some strategies that patients might use to find new care providers:

## Strategies for Finding New Doctors

1. Contact insurance providers: Patients can reach out to their insurance companies to obtain a list of in-network pain management specialists or primary care physicians who may be willing to take on chronic pain patients[1].

2. Utilize patient advocacy organizations: Organizations like the U.S. Pain Foundation and The Pain Community offer resources and support for people living with chronic pain. These groups may be able to provide guidance on finding new healthcare providers[2].

3. Seek referrals from other healthcare professionals: Patients can ask their other healthcare providers (e.g., physical therapists, psychologists, or specialists in other areas) for recommendations or referrals to pain management doctors.

4. Join support groups: Pain Connection offers national support groups for chronic pain patients via videoconference. These groups can be valuable sources of information and peer recommendations for finding new doctors[3].

5. Use online resources: Websites of organizations like the American Chronic Pain Association may provide directories or resources to help patients locate pain management specialists in their area[5].

## Challenges in Finding New Care

It’s important to note that chronic pain patients often face significant obstacles when seeking new care providers after their previous doctor’s practice has been shut down:

1. Reluctance to prescribe opioids: Many physicians have become hesitant to prescribe opioids due to increased scrutiny, making it difficult for patients to find doctors willing to continue their pain management regimens.

2. Limited availability: The number of pain management specialists may be limited in certain areas, leading to long wait times for appointments.

3. Lack of continuity of care: Patients may struggle to obtain their medical records from closed practices, making it challenging to provide new doctors with a complete medical history[1].

4. Stigma: Chronic pain patients may face stigma or skepticism from new healthcare providers, especially if they were previously treated by a practice that was shut down by the DEA.

While finding a new doctor can be daunting, patients are encouraged to persist in their search, utilize available resources, and consider exploring comprehensive integrative pain management approaches that may include both pharmacological and non-pharmacological treatments[2].

Citations:
[1] https://www.ama-assn.org/system/files/2021-02/Patient-access-obtaining-medical-records-from-closed-practices.pdf
[2] https://painmanagementalliance.org/resources/resources-for-people-with-pain/
[3] https://painconnection.org/support-groups/national-support-groups-for-chronic-pain/
[4] https://uspainfoundation.org
[5] https://www.acpanow.com