Purdue cannot control how individual patients use and respond to its products

North Dakota to Appeal Ruling in Suit Against Opioid Maker

www.nytimes.com/aponline/2019/05/15/us/ap-us-opioids-lawsuit-north-dakota.html

BISMARCK, N.D. — North Dakota Attorney General Wayne Stenehjem said the state will appeal the dismissal of the state’s lawsuit against the maker of OxyContin over opioid abuse.

South Central District Judge James Hill on Friday threw out the state’s claim that Connecticut-based Purdue Pharma minimized risks and overstated benefits of long-term use of narcotic opioids including OxyContin.

North Dakota sought unspecified damages and attempted to hold the company liable for opioid overused and addiction in the state.

The Bismarck-based judge ruled the drug maker doesn’t control its product after it enters the market.

“Purdue cannot control how doctors prescribe its products and it certainly cannot control how individual patients use and respond to its products, regardless of any warning or instruction Purdue may give,” the judge wrote.

North Dakota and five other states filed lawsuits a year ago accusing the pharmaceutical company of using deceptive marketing to boost drugs sales that fueled opioid overdose deaths.

The North Dakota ruling is the first in which a court has tossed a state’s claim in its entirety, though a Connecticut judge dismissed lawsuits earlier this year that were brought by several municipalities, saying the local governments didn’t have standing to sue.

Purdue spokesman Bob Josephson said in an email that the company was pleased with the North Dakota ruling.

“As the judge stated in his decision, one company cannot be held accountable for a complex public health issue such as the opioid crisis,” he wrote.

Stenehjem said in a statement that he believes the case will reach a different result in the state Supreme Court.

“I am confident that the state has strong claims against these defendants, whose unconscionable actions demand they be held accountable, and there are well-reasoned arguments that support our position,” Stenehjem said.

At least 39 states have filed lawsuits seeking to have Purdue, the Connecticut-based maker of OxyContin, held accountable for an opioid addiction and overdose crisis. The most recent, filed this month in Pennsylvania, was announced on Tuesday. In March, Purdue and the family that owns the company settled a lawsuit with Oklahoma for $270 million before trial; the company also settled with Kentucky for $24 million in 2015.

In all, about 2,000 state, local and tribal governments have sued players in the drug industry over the toll of opioids. About 1,500 of those claims have been consolidated under one judge in Cleveland. The judge is pushing for a settlement but has scheduled the first trial for October.

Opioids, including prescription painkillers, heroin and fentanyl, were factors in nearly 48,000 deaths in the U.S. in 2017, according to the U.S. Center for Disease Control and Prevention. That’s more deaths than car crashes were responsible for that year.

Is it time to change more of the nomenclature ?

They have already in the process of changing from using the term opiate EPIDEMIC to opiate crisis – because  the term  epidemic suggests that we are dealing with a contagious disease and neither pain nor substance abuse is contagious.

They have also seemed to be in the process of getting rid of the term dependency and addiction and anyone taking/using a opiate (legally/illegally)  > 90 days is now claimed to  have a opiate use disorder.  Does this give the DEA a bigger “body count” ?

They are now also seeming to no longer using the term “accidental opiate death”… now anyone having a opiate showing up in their toxicology one of their causes of death will be “opiate related death” and this could also add to the “body count” for the DEA

Who believes that there is ‘over prescribing of opiates” ?  Especially since the number of opiate Rxs have been declining since 2012.  Maybe the term should really be “careless opiate prescribing”…  some of it being fueled by greed others where the prescribers gives out 2-3 times the days supply that the pt dealing with acute pain really needs and/or abruptly cutting off pts that have been given too many doses and/or too many refills and they are thrown into cold turkey withdrawal and they and their family come to the conclusion that they are “addicted”…  when in reality if they were properly weaned… there really was no real addiction being dealt with.

Retired Navy Chief Chris Fowler funeral fund

https://www.gofundme.com/f/retired-navy-chief-chris-fowler-funeral-fund

From Valorie Hawk:

I am in a state of shock. Chris Fowler was a good man, and no one should have to raise money to do this. His wife Nicole Howe Fowler was one of my first ‘mom friends’ in Hawaii, as we were in a baby hui together. Nicole was/is (we haven’t seen each other in over a decade, but keep in touch) a very good friend, and an enormous support to Jack and I during some very difficult times, as was was Chris. Please share this, especially to any military groups you might be in, as it’s wrong to have this kind of stress on top of grief and shock. The military will pay for the funeral, but they must get his body cremated and get to where the funeral/burial site is. RIP Chris

 

The future of getting the right medication to the right pt

www.dnamedmatch.com/

AARP accused of fighting Trump proposal that could help seniors with more affordable prescriptions

AARP accused of fighting Trump proposal that could help seniors with more affordable prescriptions

www.bizpacreview.com/2019/05/14/aarp-accused-of-fighting-trump-proposal-that-could-help-seniors-with-more-affordable-prescriptions-754466

AARP is reportedly opposing a proposal by the Trump administration that could help seniors better afford their prescription drugs.

Practicing Physicians of America co-founder Dr. Marion Mass told The Daily Caller that AARP has aligned itself with “being for kickbacks that are costing the American patient money at the pharmacy counter.”

Critics of the current drug payment system in the U.S. say that middlemen, called pharmacy benefit managers (PBMs), are adding significant cost to drug prices. AARP is closely tied in to one of those PBMs and, according to Mass, that is why the non-profit group that boasts 38 million members and says its mission is to “empower people to choose how they live as they age” is fighting the plan that would help seniors.

Drug manufacturers pay rebates to PBMs, Medicare Part D plans, and Medicaid managed-care organizations to get their pharmaceuticals on health plans’ formularies–lists of drugs that payors cover. Health and Human Services (HHS) Secretary Alex Azar rightfully calls them “kickbacks.”

The proposed rule would end an exception currently in place that protects PBMs from certain parts of the Anti-Kickback Statute being enforced against them. The rule would still permit rebates “for prescription drug discounts offered directly to patients, as well as fixed fee service arrangements between drug manufacturers and PBMs,” according to a January Health and Human Services news release.

AARP believes drug manufacturers, not PBMs, are to blame for high drug costs, a spokesman for the organization told The Daily Caller. “We strongly agree with President Trump on the need to address soaring drug prices, but on the rebate rule, (the Congressional Budget Office) has said it would raise all seniors’ Part D premiums, cost Medicare nearly $200 billion, and have little impact on drug prices.”

Mass countered that AARP’s stance is tied directly to its partnership with UnitedHealth Group (UHG), which runs PBM Optum Rx. “AARP, in your relationship with mega PBM Optum, you’ve defined yourself as being for kickbacks that are costing the American patient money at the pharmacy counter and in hospitals, Mass charged. “You don’t stand for America, you stand for yourselves.”

According to AARP’s financial statement, in 2017, the group derived $627 million in royalties from UHG, well over twice the amount it collected in membership dues.

“The two of those together are an absolute powerhouse in the Medicare industry. We believe that it’s almost criminal what the two companies do. They coordinate to make additional profits when AARP plays itself out to be an organization to benefit and help seniors save money, so it’s a big farce,” said Paul Cornell, CEO of AARP competitor American Seniors Association, in a phone interview with The Daily Caller News Foundation.

The new HHS rule does not go far enough, according to Mass. “No manufacturing, no development, no distribution even,” she said. “(The PBMs and group purchasing organizations) just simply decide who’s going on the formularies and what products are used in hospitals and nursing homes. Why should anyone have legalized kickbacks? There’s three giant PBMs, there’s four giant group purchasing organizations, and these companies are pretty much running the American pharmaceutical supply.” For senior citizens there are 24/7 Assisted Care that can help them during their tough times.

AARP has been a controversial group for decades, with many claiming that it has no business being a non-profit. In the 1990s, the U.S. Senate investigated AARP’s non-profit status, but uncovered insufficient evidence to strip the group of that status. Just a few years ago, in an interview with the Des Moines Register, former Senator Alan Simpson indicated that he was still “troubled by AARP’s practices.” He called AARP “the biggest marketing operation in America and money-maker” and an organization with market practices that are “the greatest abuse of American generosity I witnessed in my time in the U.S. Senate.”

Just have to follow the money trail.. is AARP really about helping seniors and fighting legislation that best for seniors or more interested in helping put money in their own coffers ?

Does this demonstrates the War on drugs – a lot of wasted actions/movements… little/no OUTCOMES ?

The chronic pain community is SPEAKING are the bureaucrats LISTENING ?

Reporting Medicare/Medicaid fraudulent billing

https://www.cms.gov/Outreach-and-Education/Medicare-Learning-Network-MLN/MLNProducts/Downloads/Fraud-Abuse-MLN4649244.pdf

https://www.cms.gov/Outreach-and-Education/Medicare-Learning-Network-MLN/MLNProducts/Downloads/Fraud-Abuse-MLN4649244-Print-Friendly.pdf

What Is Medicare Fraud?

Knowingly ordering medically unnecessary items or services for patients

What Is Medicare Abuse?

Abuse describes practices that may directly or indirectly result in unnecessary costs to the Medicare Program. Abuse includes any practice that does not provide patients with medically necessary services or meet professionally recognized standards of care.

We know that both the FDA and Pfizer does not approve – or discourages – the use of Methylprednisolone and similar cortisteroids to be administered as epidural spinal injections (ESI).

How many pts have been told that they must get ESI in order to get oral opiates… even if previous ESI’s have provided little/no pain relief.

How many pts have been given additional ESI because the insurance will “pay for it again”.. after the pt has been told that the procedure will provide some pain relief for months, but in reality the pt is lucky to get some pain relief for days or weeks.

It has become rather routine for the DEA to charge prescriber’s offices that they have raided with “Medicare/Medicaid fraud” because the DEA has determined that the prescriber provided oral opiates that were not medically necessary.

It is estimated that 10 million ESI are provided to chronic pain pts EVERY YEAR and abt 5% will contract adhesive Arachnoiditis https://www.practicalpainmanagement.com/pain/spine/arachnoiditis-part-1-clinical-description

Pts can call 800-MEDICARE to file a complaint but I doubt if they will take a complaint seriously… I doubt if those employees of CMS are interested in anything that would cause a downsizing of their agency.  More action and attention may be achieved by contacting the pt’s Federal  Senators and Representative.

 

 

Pain Patients Like Me Are Rising Up Against Discrimination and Suffering

Pain Patients Like Me Are Rising Up Against Discrimination and Suffering

www.filtermag.org/2019/05/13/pain-patients-like-me-are-rising-up-against-discrimination-and-suffering/

If it were up to me, it’s unlikely I would be sitting down to write about my life with chronic severe pain, or the government policies and the social attitudes government encourages that generate unnecessary suffering for far too many Americans. I’d rather be going for a walk, doing some gardening or painting watercolors. But I have no choice.

According to the National Institutes of Health, nearly 50 million American adults suffer chronic pain. All face a system stacked against the pain patient. That’s why I decided to do something about it.

My pain became severe and constant in 1997. It began by suddenly waking me up in the early hours one morning, with the feeling of being skewered with a burning spear from the upper-left of my abdomen through to the middle-left of my back. It has been a permanent feature of my life that this constant pain is only controlled by taking opioid medications.

It took a year to get a proper diagnosis: pancreas divisum. This rare birth defect, a double-tailed pancreas, is a long-known cause of severe pain, though the mechanism behind it is unknown. I felt weirdly comforted by the knowledge that I was not the first person to complain that this hurts.

Other than the pain, my pancreas function is mostly normal. The opioid medications that relieve my pain also slow my intestines a little, making my function more normal than I’d had before. My frequency of nausea stays the same as I’ve always had.

When my pancreas defect was diagnosed, other problems were also discovered. My esophagus also had two defects—the upper half is floppy, the lower part rigid. And the top end of my stomach doesn’t close, making me vulnerable to acid reflux.

As a girl, I often heard, “No normal child gets this many bellyaches.” and “Tums aren’t candy.” My parents and teachers told me my stomach problems were all about not wanting to go to school. But I wasn’t just claiming bellyaches, I was often sent home for throwing up, and I barfed just as often on weekend and summer days as I did on school days. The adults didn’t seem to notice, but the other kids did. No one wanted to be in front of me on the bus, on the cafeteria line or in gym class.

Being a long-term, high-dose opioid patient means living under a suspected-murderer level of scrutiny.

In adulthood I mostly ignored my GI problems. If I needed to be horizontal, or only felt like eating bland food, it didn’t stop me doing things I wanted to do—college, travel, work, art, getting married.

Here’s a way to envision the effect of drug war policies on my life. I’ve had various health issues besides my pancreas: a benign colon polyp, thyroid nodule, breast fibroadenomas, endometriosis and uterine fibroids. Last year, a shoulder injury required surgery and physical therapy. My husband plays sports, and has had his share of sports injuries. But my pain—or rather, government-placed obstacles between me and pain treatment—creates 95 percent of the appointments, insurance expenditures and co-pays for my husband and me combined.

Being a long-term, high-dose opioid patient means living under a suspected-murderer level of scrutiny. The tangible form of supervision is the ‘pain contract”. Like all pain patients, in recent years, I’ve been required to sign contracts, usually yearly, by medical facilities. Most follow a model generated by the federal government.

Did I mention urinalysis costs me $200 per test?

The patient must adhere to conditions like paper prescriptions only, no phone-ins; an in-person appointment every 28 days; and urine tests and pill counts at any or all appointments, or on 24 hours notice any time I receive a call. Only one doctor and one pharmacy can handle the prescriptions. Other conditions can include no cigarettes, alcohol or illegal drugs (on the theory that pain patients must be discouraged from sliding into addiction), and being required to attend psychiatric or psychological appointments.

Did I mention urinalysis costs me $200 per test? (A multiple drug-screening kit sells at drug stores for $49.95).

Having only one doctor write my pain prescriptions doesn’t sound like a big deal, and usually isn’t. But when I had my hysterectomy, my OB-GYN didn’t want to release me without a pain prescription, which I was afraid to accept. My one prescriber was in a foreign country, with no internet access. Wanting to be released from the hospital because there was no medical reason for me to remain, I finally took—and later shredded—the hospital’s prescription. When I told my doctor he was ok about it.

Unlike an actual contract, only one party to a pain contract is required to follow any obligations. If a pain patient violates any of the terms, they can be abandoned. But following all the provisions is no guarantee of continuation of pain treatment. When my GP’s employer implemented an arbitrary limit on opioid prescriptions, the contract was irrelevant. Either my prescription would be cut by one-third, or I could go to a pain clinic.

I was fortunate, and for the past couple of years my clinic has been working for me. But, the federal government, state legislature, state boards for doctors, nurses and pharmacists, and my health insurer all have the power, at any moment, to end normal life for me—or for any Americans who benefit from opioid pain medications.

 

Common Suffering, Fueled by Media

Many other pain sufferers in my life endure terrible situations. After spinal stenosis surgery didn’t relieve his pain, a member of my family was prescribed Gabapentin, which caused dizziness and nausea without pain relief. A few years ago, prescribing an opioid would not have been routine.

A friend disabled by multiple injuries in the military got only acetaminophen for pain in his head, shoulder, hips and knees.

Two friends had kidney stones in the past year, and were not even offered opioids after the diagnosis was confirmed.

Another friend, awaiting a root canal last week, was warned by an acquaintance against taking his pain prescription. The guy issuing the warning said the government is trying to get rid of these drugs because it only takes three pills to get you hooked. My friend dismissed the claim. It’s extreme, but only by degree.

Many Americans have a hugely inflated sense of opioids’ ability to get you hooked, and to kill.

Thanks to blanket media coverage of the opioid-involved overdose crisis—which, while devastating, affects only a tiny proportion of all who use opioids, mostly people who are not prescribed these drugs and combine them with other substances—many Americans have a hugely inflated sense of opioids’ ability to get you hooked, and to kill.

The friends I mentioned are all old enough to remember over-the-counter codeine cough syrup, and coming home from the ER with an opioid prescription. No one worried then that this was a path to disaster or death.

Opioid overdose isn’t a blink-of-an-eye demise, unless there’s more than just the opioid. Injecting an opioid into someone who recently consumed alcohol can kill. More frequently, illicit-market opioids with substances added to stretch profits cause anaphylactic shock or Stevens Johnson Syndrome, with rapid, deadly shutting of airways. Mixing opioids with benzodiazepines can be deadly. But when Ohio attempted an execution via lethal injection using hydromorphone and midazolam (an opioid and a benzodiazepine), the condemned man struggled, gasping, for almost half an hour before dying.

Actual opioid overdose is slow and simple to interrupt. If uninterrupted for between one and 12 hours, the person can slowly stop breathing altogether. If the process is interrupted, the person survives with no permanent organ damage.

It is because of inaccurate and inflated claims about opioids—exaggerations of their potential involvement in addiction and death—that so many Americans have been suffering needlessly with untreated or under-treated pain.

 

Rising to the Challenge of Pain-Patient Activism

Opioid restrictions are worthy of First Amendment-based action. But pain patients have particular obstacles to exercising the right to assemble to petition on our own behalf. Without adequate medication, many pain patients can’t just head out to the streets, and so we remain invisible and silent in our suffering.

I was thinking that when pain patients gather, such as the Don’t Punish Pain Rallies, held at state capitols, an inflatable couch could be displayed at the event to represent all the people at home whose pain prevents their in-person participation. But those who are at home, while represented, would still not be they part of the action. If it were me, I’d still feel left out.

A message in a bottle sent from a desert island—a way for an invisible, suffering person to reach out to strangers who just might be able to help.

I began to think of the possibility for us to use the internet to make contact, share experiences and maximize our visibility. One article at STAT, for example, about increasing opioid prescriptions, has a long comment thread that has long been hosting posts by and discussions among pain patients.

I pondered the idea of combining internet and real-world activities to boost pain patients’ visibility and connections. The internet is a powerful tool, but real-world activities can reach different audiences and create fodder for further online discussion. Posting videos, photos and interviews is a way to create a growing archive of our activities. The most difficult part was how to engage the pain patients with untreated and under-treated pain, the people with the least capability to take to the streets.

Considering this need, I recalled the ancient trope of a message in a bottle sent from a desert island—a way for a stranded, invisible, suffering person to reach out to strangers who just might be able to help.

What I came up with is the Blue Balloon Campaign. Instead of floating our message in the ocean, we would float it in the sky.

The idea is that participants who are mobile will release balloons en masse from public places and distribute flyers to passersby; homebound individuals will launch balloons from their homes. This mechanism for people who suffer alone to be fully involved is vital. Other options include sending a balloon bouquet with a note—or a letter with the Blue Balloon logo—to a government official. The public will see these collective and single balloons, either in real life, or later in online videos and photos. Altogether, it should be a powerful symbol of just how many of us there are out there.

Our Day of Action—the first of its kind—takes place on Wednesday, May 15. A midweek day represents pain patients’ use of opioids to function within the community,  to participate in the ordinary things that make up our lives: work, family, volunteering, travel and everything else that others take for granted.

If I had to describe the Blue Balloon Campaign on a scrap of paper in a bottle to be thrown into the ocean, here is what that message would be: Harsh laws, supported by falsehoods created and amplified by government, are sentencing too many Americans to unnecessary disability and suffering.

Are the drug cartels funding international terrorism and keeping “drugs” illegal is keeping the money flowing ?