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 | 9 Comments »






























