Clampdown on opioids is hurting pain patients

Clampdown on opioids is hurting pain patients

https://starledger-nj.newsmemory.com/?publink=09353ea64

In the summer of 1994, I was working at my desk at the Department of Justice when my back started to burn. Moments later, my body seized up and I fell to the floor. Suddenly, at the age of 30, I was no longer able to sit or stand. I could barely walk short distances. These limitations, related to a surgical mishap, would continue for almost 20 years.

After dozens of failed treatments, I reluctantly tried prescription opioids. The pain medication enabled me to work despite my condition. I argued cases in federal court from a foldable reclining chair, negotiated settlements by video teleconference and, working remotely, managed litigation in U.S. attorney’s offices across the country.

When medical advancements led to an improvement of my health, I went off opioids without incident.

I was, as it turns out, incredibly lucky. A report released last month by Human Rights Watch paints a cautionary and at times harrowing picture of what pain patients are experiencing today.

Because of well-intended efforts to address the overdose crisis, many doctors are severely limiting opioid prescriptions. Patients who rely on opioid analgesics are being forcibly weaned off the medication or seeing their prescriptions significantly reduced. Other patients are unable to find doctors willing to treat them at all.

One such patient, Maria Higginbotham, has had more than a dozen surgeries to correct the collapse of her spine. She suffers from a painful condition in which the spinal cord fuses with adjacent membranes. Last year, her physician cut her pain medication by 75 percent, explaining that the reduction was to comply with federal guidelines.

In the past, Higginbotham could function. Now she needs assistance just to get out of bed and go to the bathroom.

The federal guidelines Higginbotham’s doctor cited were issued in 2016 by the U.S. Centers for Disease Control and Prevention. They were intended as nonmandatory recommendations for primary care physicians.

Increasingly, the guidelines are treated not as recommendations but as one-size-fits-all mandates. They are being misapplied by physicians, state legislatures, insurers and Medicaid programs.

Some physicians told Human Rights Watch researchers that they had taken patients off opioids, or reduced patients’ prescriptions, against their better clinical judgment.

“You set yourself up for a liability, even when you know they’re not addicted and they’re benefiting from opioids,” one physician said.

Other doctors said they had stopped treating pain patients altogether — even patients who don’t use prescription opioids.

It’s true that opioids were prescribed liberally in recent decades. Doctors began doing this in the 1990s. There were some bad actors, such as “pill mills” and wayward pharmacies. Opioid medication too often fell into the wrong hands.

Moreover, opioids are not the magic bullet we once believed them to be. The evidence about their efficacy across a broad population is limited. Even when their use is appropriate, opioids carry risks, and the risks increase at higher doses. The CDC was right to encourage judicious, responsible prescribing. But chronic pain is a large umbrella category, encompassing a wide range of injuries and diseases, some of which are incurable. A one-size-fits-all approach to treatment does not work.

The recent clampdown has had harmful consequences. Some patients told researchers that they were forced to quit working or go on disability when their medication was denied. Others are now homebound. Many mentioned the possibility of suicide.

Patients also said that they were turning to alcohol or illegal substances to treat their pain.

What began as an effort to protect patients may be morphing into one that is harming them. The CDC’s National Center for Health Statistics estimates that 50 million Americans have pain every day and nearly 20 million have pain that limits major life activities. If the experiences that patients described to Human Rights Watch are common, the harm to patients could be widespread.

The CDC’s own data show that fatal overdoses are driven largely by illegally produced fentanyl, its analogs and heroin, not by medically prescribed opioids.

For all these reasons, the CDC should address the misapplication of its guidelines, as the American Medical Association recently did. The agency needs to revise its guidelines to recommend that physicians not abandon pain patients or engage in “forced tapering.”

The CDC should also study and address any unintended consequences of its 2016 guidelines, as it promised to do.

Tackling the overdose crisis is a vital public policy goal. But chronic pain patients should not become casualties in that fight. Kate M. Nicholson is a civil rights and health policy attorney. She served for 20 years in the Justice Department’s civil rights division, where she drafted current regulations under the Americans with Disabilities Act. She gave a TEDx talk about chronic pain, “What We Lose When We Undertreat Pain.”

What began as an effort to protect patients may be morphing into one that is harming them.

 

The conflict between pharmacists and their corporate superiors

www.kevinmd.com/blog/2019/01/the-conflict-between-pharmacists-and-their-corporate-superiors.html

Pharmacists play an essential role in today’s ever-expanding health care system today. They check for drug interactions, watch for signs of opioid overprescribing and try to determine whether a drug for one condition prescribed by one doctor will negatively impact the patient because of another diagnosis the patient has. In hospital units, their roles have become yet more complex — often serving on various quality committees, managing daily dosages of medications like warfarin and vancomycin — and more. I rely upon them in the hospital daily to catch mistakes and advise on drug dosages and choices. Many in the community give flu vaccinations. Some are even trying to gain ”provider” status under Medicare, allowing them bill directly for treating patients. This has been accompanied by a drastic change in the preparation of the average pharmacist. Where once it was a five-year bachelor’s degree, now it is a graduate degree — a change recent enough that as of 2014, over 60 percent of pharmacists practicing had trained under the old system.

Some of these changes are controversial — a recent article put out by the Texas Medical Association details how some pharmacists inappropriately deny pain medication to cancer patients because of concerns over the opiate crisis, though CDC guidelines explicitly exempt such patients from the guidelines. The American Medical Association has come out as well, noting the story of a patient who attempted to commit suicide due to bone pain from metastatic prostate cancer after his perfectly appropriate opiate prescription was denied by a pharmacist.

But these stories of prescriptions denied and conflicts miss a more fundamental issue. As pharmacists’ roles have changed, their professional norms, practices, and regulations have not kept up to date. This means that corporate policies may have inappropriate influence over their decisions and provide an unbalanced incentive towards one action.

Let me give an analogy. Suppose a homeless patient with no money or insurance is assaulted or hit by a car. They are taken to the nearest ED and wind up in that hospital’s ICU with a brain injury. No one is paying for that patient’s care. And the hospital is losing millions every week for what promises to be an extended stay. Can the hospital CEO march down and order the doctors to make the patient DNR/DNI and turn off the ventilator — or be fired? No. In California, this is explicitly prohibited by law as a “corporate bar” on the practice of medicine. But in every state, the prevailing norms of medical practice means that an attempt to do this would be met by howls of outrage by doctors who would recognize this as a grievous breach of medical ethics, which obligate us to treat all patients equally and never withdraw life-sustaining treatment on cost grounds alone. Few, if any, doctors or nurses would comply, and threats of reporting the case to the local district attorney for murder charges would promptly start flying.

But if you read the articles from the Texas Medical Association and the American Medical Association, it is clear that corporate policies are significantly affecting how pharmacists practice at a time when their role has significantly changed. Once, pharmacists were primarily concerned with one thing: the safe production and dispensation of medications. Their calls to doctors once consisted of, “Did you really mean to write for 50 mg Tramadol for this patient?” If the answer was yes, they dispensed the medication. Now, as their training and role have changed, their calls are, “Are you sure 30 pills of 50 mg Tramadol is the correct choice for this patient?” And if the doctor can’t explain convincingly enough, they may well deny the prescription. And I don’t believe there is necessarily anything wrong with that. Pharmacists have a right to refuse to dispense medication and a duty to use their medical knowledge to help their patients. Like nurses, there are actions they may disagree with and vocalize their disagreement but carry them out anyway. And there are actions which they feel are so wrong that they refuse to dispense a medication.

But the fact is: Unlike doctors, pharmacists do not have a professional culture or legal protections that fights strongly against interference from their corporate superiors. Corporations almost overwhelmingly employ them. And under threat of losing their jobs, they are forced to bend to the orders of their corporate superiors to dispense thousands of opiate prescriptions without question thanks to the massive profits involved. And now after lawsuits against those same companies over those practices to deny opiates under blanket policies without consideration to individual patient characteristics. When a patient walks in with severe pain for any reason and needs opiate pain medication — whether for cancer, severe trauma, or another cause that requires them, rare as they may be — the pharmacist has every incentive to deny that script, and no repercussions if they say no. Contrast that to the physician, who is obligated and held liable in a balanced way for both acting and failing to act. Of course, a common response is that a patient can always go to another pharmacy. But this justification becomes increasingly thin as patients are directed to order from certain pharmacies by their insurance companies or else face sky-high copays (not that they may not face sky-high copays anyway).

When they decide to push back on, approve or deny medications based on medical merit, pharmacists are effectively practicing medicine. I don’t even believe this is necessarily a bad thing, provided the training is appropriate and roles delineated. But as pharmacists’ abilities to deny and change medications on both cost and medical grounds expands, it is time to expand the profession’s protections against corporate interests, and provide for a balanced oversight that appropriately recognizes both a duty to stop dangerous prescriptions and to allow through legitimate ones.

Vamsi Aribindi is a surgery resident who blogs at the Medical Intellectual.

This article does a very good job of explaining why the average pts dealing with subjective diseases that requires the pt takes one or more controlled substances is probably better served by patronizing a independent pharmacy.  Where the pt is typically dealing with the Pharmacist/owner and what is absent is the “corporate overlord” that the chain pharmacist employee has to deal with and most likely has to fear for his job for trying to do what their education/experience and common sense tells them what to do that is in the best interest of the pt.

We have a serious and growing Pharmacist SURPLUS… it is claimed that we are graduating 15,000 new Pharmacists each year but there is only a job opening for 10,000 of them.  So we have 5,000 new pharmacist with many having > $100,000 student loans that they have to start making payments on in 6-9 months after graduating.  Salaries are falling to levels that have not been seen since about the turn of the century.

The typical independent will provide much more prompt and timely service in getting prescription(s) filled for several reasons. Without all that corporate overhead cost and the stock holders and stock market to “make happy” they can afford to have more staff on hand.  Most independents offer home delivery service and can put a priority on “walk in “prescriptions because the deliveries are typically bunched into few/several larger runs during the day, so putting some walk in prescriptions to the head of the line… doesn’t cause any home delivery to be delayed and gets the walk in prescription finished and the pt promptly on their way.

How to find a local independent pharmacy/Pharmacist


Board advises pharmacists: ‘Patients first’ over ‘refusals to fill’ opioid prescriptions

https://www.ktuu.com/content/news/Board-reprimands-pharmacists-over-refusals-to-fill-opioid-prescriptions-504881401.html

ANCHORAGE (KTUU) — In a pointed letter addressed to pharmacists, the chair of the state Board of Pharmacy is reminding pharmacists of their duty to patients involving controlled substances.

The letter, sent to pharmacists following a Channel 2 report on Alaskans with chronic pain struggling to have their opioid prescriptions filled, states “The Board of Pharmacy has had an influx of communication concerning patients not able to get controlled substance prescriptions filled for various reasons, even when sign of forgery or fraudulence were not presented.”

Board Chair Richard Holt gave five guidelines and reminders on the practice of dispensing controlled substances.

[Click here to read the full letter]

On Friday afternoon, the state Department of Commerce, Community and Economic Development issued an urgent notice urging pharmacies to consult a patient’s doctor before refusing their opioid prescription.

“The prescribing practitioner has full authority to make a diagnosis and determine the appropriate course of treatment, including dosage and quantity of a controlled substance,” Sara Chambers, director of the Division of Corporations, Business and Professional Licensing, said in the release. “The patient’s best interest must come first, and pharmacists are valued partners in the healthcare team; however, they are not prescribers and should not refuse to fill a valid prescription without first consulting with the prescribing practitioner.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Why Your Doctor Won’t Look You In The Eye …

48 million awarded for WRONGFUL DEATH – failure to properly treat pain ? Legal Dominos starting to fall over denial of pain care ?

See the source image

After a 2 wk trial, a Las Vegas jury today awarded our legal client $16 million in damages & $32 million in punitives. We alleged a lovely young mother w/ Sickle Cell Disease was fatally overdosed w/the NSAID ketorolac (Toradol), to avoid treating her pain w/ appropriate opioids.

Toradol (Ketorolac) is a very potent NSAID… so potent that there is a FDA BLACK BOX restrictions that it should not be given for more than 5 days in a row.  Mainly because it can easily cause gastric bleeding.  I have not seen much information on details behind this trial, but Sickle Cell disease can have some very painful flairs and Nevada has been one of the states whose bureaucrats took some fairly draconian actions last year to address the fabricated opiate crisis with limits on how much, when, where and by whom may prescribe opiates for pain.
What institution or prescriber who tried to avoid using a controlled substance/opiate to treat this young Mother’s Sickle Cell induced pain… apparently the pt’s health took a serious and FATAL turn because of whatever policies or edicts that was being followed.
This is just the FIRST of these types of lawsuits that I think that we will start seeing.  We have seen where large healthcare corporation have/are seeing them implementing policies/procedures/edits for their employees in how they are going to treat – or not treat – a pt’s pain and/or other subjective diseases with controlled meds.
These large healthcare corporations are large hospital complexes, PBM (Prescription Benefit Managers), Insurance companies and pharmacy chains and they all have “VERY DEEP POCKETS” and that is what plaintiff attorneys go after when people have been harmed.
Dwayne Murray poses with his wife, LaQuinta Whitley Murray and their daughter, Brooklynn, prior to Whitley Murray's death in April 2013. (Courtesy of Murray's attorney, Dan Laird)

Las Vegas hospital ordered to pay nearly $43M to family of dead woman

www.reviewjournal.com/local/local-las-vegas/las-vegas-hospital-ordered-to-pay-nearly-43m-to-family-of-dead-woman-1582367/

Centennial Hills Hospital must pay a Las Vegas man and his daughter nearly $43 million in damages after a jury ruled that the hospital and its staff breached standards of care by administering a drug that killed the man’s wife.

The jurors ruled in favor of plaintiffs Dwayne Murray and his 7-year-old daughter, Brooklynn, on Wednesday and ordered the Valley Health System hospital to pay more than $10.5 million in compensatory damages and $32.4 million in punitive damages.

The hospital and its staff administered a nonsteroidal anti-inflammatory drug called ketorolac tromethamine, known by the brand name Toradol, in excess of the manufacturer’s recommended dose to Murray’s wife, LaQuinta Whitley Murray, his attorneys said Friday.

The dosing caused the 29-year-old to have five cardiac arrests and ultimately caused her death, attorney David Creasy said.

Whitley Murray was admitted to Centennial Hills Hospital on April 20, 2013, with severe pain tied to a sickle cell anemia crisis, acute chronic anemia and a recent strep throat infection, the court complaint said.

During Whitley Murray’s treatment at Centennial Hills, the hospital experienced a staffing shortage, according to the complaint. Because of it, she wasn’t transferred to a floor with higher-level care and necessary lab work wasn’t done, the complaint said.

She died four days after she was admitted.

In a text message statement Friday, Michael Prangle, the attorney representing Centennial Hills Hospital, said he would file a post-trial motion, then appeal if necessary.

“While we offer our deepest condolences to the family of the patient, we believe that the nurses at Centennial Hills Hospital met the standard of care in this matter,” Prangle wrote.

Murray’s attorney Dan Laird, who also is a pain medicine physician, said the decision could serve as a landmark for the treatment of sickle cell patients.

“We believe that this case is going to improve the care for sickle cell patients worldwide, because sickle cell patients are particularly susceptible to kidney damage from this drug, Toradol, and the use of Toradol in sickle cell patients needs to stop,” Laird said.

Contact Jessie Bekker at jbekker@reviewjournal.com or 702-380-4563. Follow @jessiebekks on Twitter.

interesting interchange between two attorneys

This is a interesting exchange in the confirmation between a Senator from Utah and the nominee for Attorney General. Most everyone is familiar with the Civil Asset Forfeiture Act and their discussion as to how many – including a Supreme Court Justice considers the act UNCONSTITUTIONAL and how some states have made the seizing of assets under this act – prohibited in their state – and the state law enforcement pulls in federal law enforcement in some actions so that the feds can seize the assets and then “share” the proceeds with those in the particular states where it is illegal. 

Likewise, even though this act is considered UNCONSTITUTIONAL … the two attorneys seem to agree that this law is a “useful tool” for law enforcement. You can see here to get a lawyer.

Makes one wonder just how many laws are on the books that many believe are UNCONSTITUTIONAL, but law enforcement continue to use them because they consider them to be “useful”.  One also has to wonder what all is encompassed under the definition of “useful” ? Ask an expert from Austin personal injury attorneys more about the same.

At the Federal level, it is claimed that typically 40% of Congress is attorneys and so how many bills that are passed by Congress that are known or should have been known to be UNCONSTITUTIONAL when they are voted on.. and apparently our bureaucratic system has no checks/balances to help assure that all bills sent to the President to be signed into law are in fact constitutional ?

An Opioid Study So Bad That It Disproves Itself?

An Opioid Study So Bad That It Disproves Itself?

https://www.acsh.org/news/2019/01/23/opioid-study-so-bad-it-disproves-itself-13753

Here’s a first. A study that might actually disprove itself. I’ve never seen anything like it.

A paper in JAMA Open Network tries to hop on the anti-opioid bandwagon but fails so badly that I had to stare at the screen in disbelief for a while. Did I really just see this? Does it mean what I think it does? Did the authors fail to realize what their own data say?

Here’s the title:

The intent of the study is obvious – to let us know that more pharmaceutical money leads to more opioid prescriptions being written, which results in more OD deaths. While this may be “intuitively obvious,” this does not make it correct. Here’s why.

The authors, mainly from Boston Medical Center, gathered prescription data from 67,507 US physicians in 2,208 counties between August 1, 2013, and December 31, 2015. They used these data to assert (Cue to “Same Old Song,” Four Tops, 1966) that the more that drug companies push opioid pills to doctors the more people died over a 2+ year period. But they may have given us cause to reach an entirely different conclusion.

Let’s start with their Table 2, which examines the association between pharma money and OD death using three different models, each of them representing a different way of measuring “money.” 

Table 2 (partial): Source: JAMA Network

There are three ways that the scientists used to measure pharma money: marketing dollars (A), the number of physician payments (B), and the number of physicians who received payments (C). In each model, there is an associated relative risk (RR) of increased deaths in those counties ranging from 1.09-1.18, which means a 9-18% increase.

ACSH advisor and expert biostatistician Dr. Stan Young is uncharacteristically understated: 

“An odds ratio, OR, of 1.000 is even odds, no effect. If an OR is close to 1.000, then any small bias could have produced the effect. An OR of 1.1 is not impressive.”

Dr. Stan Young, private communication, 1/23/19

In other words, when the increased relative risk is so low the presence of any kind of bias, for example, age, race, socioeconomic status, or the presence of other drugs, could turn the very low observed increase could turn into a zero increase. Even if we assume a perfect selection process, we are looking at an increase in deaths of about 15% at best. In other words, not much.

Now let’s look at Table 3, which shows that more pharma money results in doctors writing more prescriptions – something that can’t be a huge surprise. 

Table 3 (partial): Source: JAMA Network

But now we see that pharma money results in a large increase in the number of prescriptions written by doctors. With a higher relative risk (1.8-13.6-fold, 80-1260 % increase) the chance of bias affecting the results is quite low. 

So, let’s put these two conclusions together:

A. More pharma money leads to a very small (perhaps, zero) increase in overdose deaths.

B. More pharma money leads to a significant increase in written prescriptions.

So, it is reasonable to conclude that:

C. Despite a whole lot more written prescriptions, the rise in OD deaths is minimal, if any.

So, it’s also reasonable to conclude that:

D. Prescribed opioids aren’t causing many (or any) deaths, something that patient advocates have been screaming forever.

There are other limitations of the study that are disclosed in the paper as required. It would be rather easy to debunk the study based on these alone. But let’s not. Instead, let’s ask a question: Did the authors start out trying make a point only to end up making the opposite point instead? If so, do they realize this? Or are they just hoping that we don’t?

I have no idea. Perhaps someone can explain? Crazy.

The DEA seems to think the Constitution doesn’t apply to its investigations

The DEA Thinks You Have “No Constitutionally Protected Privacy Interest” in Your Confidential Prescription Records

https://www.aclu.org/blog/national-security/privacy-and-surveillance/dea-thinks-you-have-no-constitutionally-protected

The Drug Enforcement Administration thinks people have “no constitutionally protected privacy interest” in their confidential prescription records, according to a brief filed last month in federal court. That disconcerting statement comes in response to an ACLU lawsuit challenging the DEA’s practice of obtaining private medical information without a warrant. The ACLU has just filed its response brief, explaining to the court why the DEA’s position is both startling and wrong.

We represent four patients and a physician in Oregon whose confidential prescription records are contained in a state database that tracks prescriptions for certain drugs. The database, called the Oregon Prescription Drug Monitoring Program (PDMP), was intended to be a public health tool to help physicians avoid drug overdoses and abuse in their patients. Despite a state law requiring law enforcement to obtain a probable cause warrant from a judge before requesting records from the PDMP, the DEA has been requesting records using administrative subpoenas, which do not involve judicial authorization or probable cause. Our clients object to the DEA’s warrantless access to the PDMP because their prescription records reveal deeply private information about their health and medical history, including their gender identity (two of our clients are transgender men taking testosterone as part of their transition from female to male sex) and mental illness (one client takes medication to treat anxiety and post-traumatic stress disorders).

In July, we explained to the court why people have a “reasonable expectation of privacy” in their confidential prescription records and the medical information those records reveal. (Under the Fourth Amendment, if there is a reasonable expectation of privacy in an item or location, law enforcement can generally conduct a search only if it first obtains a warrant). In support of our arguments, we submitted sworn declarations from medical privacy experts, including a scholar of medical ethics and a physician who explained that maintaining the confidentiality of doctor-patient communications is vital to the successful practice of medicine, and an authority on the history of medical ethics who explained that principles of medical confidentiality were well established at the time of the writing of the Fourth Amendment and would have been relied on by the Amendment’s framers.

In its latest brief, the DEA ignores these points and instead argues that the mere fact that our clients’ prescription records are held in a database maintained by a third party—the State of Oregon—means that they have somehow given up their privacy interest in the records. Courts have found that no warrant is required for information contained in some kinds of business records like electricity consumption records held by a power company or room registration information held by a motel. This is because, in theory, people have voluntarily given up their privacy interest in information when they turn it over to a third party. We disagree with that principle, called the “third party doctrine,” in many situations, because when people provide sensitive information to a third party for a specific purpose, they typically do not intend for law enforcement to have unfettered access to it. The principle is particularly offensive in this case.

Even accepting the third party doctrine on its own terms, the DEA’s position that confidential medical records should be treated the same as electrical consumption records or banking records is absurd. The information we share with our doctors and the medical treatment our doctors prescribe constitutes some of the most deeply private and sensitive information about us. Just because we trust our doctors and pharmacists with our medical information doesn’t mean the DEA should be able to easily access it too. Telling your doctor that you have an anxiety disorder or HIV is nothing like letting the power company read your electricity meter. The information communicated is exponentially more private. And the decision to visit a physician or pharmacist to obtain urgent medical treatment is not voluntary in any meaningful sense. We need to disclose our medical information to our doctors because our physical and psychological ailments require it, and foregoing care because of privacy concerns can leave a person debilitated or dead. We shouldn’t have to choose between protecting our privacy and protecting our health. The DEA’s position insults the rights, and the intelligence, of everyone who will ever seek treatment from a physician.

The DEA seems to think the Constitution doesn’t apply to its investigations. This case provides the court with an opportunity to push back, and to ensure that overzealous law enforcement agencies do not erode the longstanding protections of the Fourth Amendment.

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Open letter to Mike Hunter Oklahoma’s attorney general