Indiana Pain Warriors Asked to Share Experience with Forced Medication Switches

Indiana Pain Warriors Asked to Share Experience with Forced Medication Switches

Dear U.S. Pain Foundation volunteers,

U.S. Pain Foundation belongs to the Indiana Stable Patient Protection Coalition. Together, we oppose the unfair practice called non-medical switching, or NMS. NMS occurs when insurance companies make changes to coverage that ultimately force patients to switch medication.

These coverage changes take place during the plan year, long after open enrollment. NMS locks consumers into a plan that no longer meets their needs–all for the profit of insurers.

If you believe you have been a victim of non-medical switching, we encourage you to share your experiences by taking this survey.

We, along with 12 patient and provider groups which make up the state-based coalition share the same goal: make stakeholders aware of the need to change NMS practices. In the coming months, we plan to propose a common-sense bill that will eliminate non-medical switching by private health plans. The survey data will be used to better inform legislators about the impact of NMS.

Thank you for your interest in helping to end this unfair and dangerous practice.

With gratitude,

Shaina Smith
Director of State Advocacy & Alliance Development

Take the survey

U.S. Pain Foundation
contact@uspainfoundation.org | uspainfoundation.org
670 Newfield Street
Suite B
Middletown, CT 06457

STAY CONNECTED:

U.S. Pain Foundation, 670 Newfield Street, Suite B, Middletown, CT 06457
SafeUnsubscribe™ steve@steveariens.com

Forward this email | Update Profile | About our service provider

Sent by shaina@uspainfoundation.org in collaboration with

Try it free today

FDA Warns Against Using Unapproved Meds in Implanted Pain Pumps

FDA Warns Against Using Unapproved Meds in Implanted Pain Pumps

https://www.medscape.com/viewarticle/904885

The US Food and Drug Administration (FDA) is alerting healthcare providers about the risk for complications with intrathecal administration of pain medications that are not approved for use with implanted intrathecal pumps.

These complications may include dosing errors, pump failure, opioid withdrawal, and infection, as well as pain, fever, vomiting, muscle spasms, cognitive changes, weakness, and cardiac or respiratory distress.

“The treatment of pain has become increasingly complex,” FDA Commissioner Scott Gottlieb, MD, said in a news release.

Implanted pumps that deliver medication directly into the spinal fluid can play an important role in treating pain, but their use must be “judicious and their instructions for use must be carefully followed. This is especially true when it comes to implantable pumps that deliver analgesic medicine directly into the nervous system,” said Gottlieb.

In a safety communication, the FDA reminds providers that the only approved medicines identified in FDA-approved implanted pump labeling for intrathecal infusion to treat or manage pain are morphine sulfate preservative-free injectable solution (Infumorph, West-Ward Pharmaceuticals) and preservative-free ziconotide sterile solution (Prialt, TerSera Therapeutics).

The FDA advises providers to review current labeling (ie, instructions for use) of the implanted pump, because not all pumps are currently approved for use with Prialt.

In reviewing medical device reports and other information, the FDA discovered that patients are sometimes treated with medications that are not approved for use with an intrathecal implanted pump. Such drugs include compounded medicines, hydromorphone, bupivacaine, fentanyl, and clonidine.

Any mixture of two or more different kinds of medicines and any compounded medicine (eg, to achieve higher concentration or different formulation of an FDA-approved medicine) are not approved for use, the FDA said.

Using drugs not approved for use with these pumps “may lead to serious risks to patients due to pump failure or dosage errors,” the FDA said.

The FDA has determined that implantable intrathecal pump failure is more common with the use of medicines not approved for use with the pump. Some medicines or fluids may contain preservatives or other characteristics that can damage the pump tubing or lead to corrosion of the pumping mechanism, it points out.

Dosing errors are also a risk with unapproved medicines. Programmable implanted pumps employ dose calculation software, and the accuracy of calculations depends on use of the approved medicine, approved medicine concentration, and approved medicine characteristics. A problem may arise, for example, if there is more than one medicine in the pump reservoir. In such cases, the pump software can calculate the dose only on the basis of the infusion rate of a single medicine, the FDA said.

Healthcare providers are encouraged to report problems with implanted pumps to the FDA’s MedWatch Adverse Event Reporting Program.

If they only knew what they think they know

Obviously this dr. Was a pcp and not a pain. Specialist. Which is a red flag for any pharmacy!! Understand acute pain but that patient should only need 28 tablets as a 7 day supply not 60-270 as most drs. Prescribe. He was continuing at a rate of a pain. Expert which prompted walmart to stop and investigate. The dr should have started referring his patients to specialist, then he wouldn’t be having this issue right now. As for the patients not being aware… the dr should have informed them that he was currently being blocked as shown above he did get a notification. He really has no right to file a lawsuit.

Walmart Pharmacy won’t fill Nevada Doctor’s patients’ prescriptions

The above comment in RED was posted by someone on the blog post on my blog linked above.  I don’t know if this person is a pharmacist, another healthcare provider, a chronic pain pt or no idea of their background.

This post would seem to confirm the fact that some people believe that only certain medical specialists can treat pts who are dealing with chronic pain.

what most non-healthcare professionals don’t realize/understand is that most “freshly minted” healthcare professionals are – at best – minimally knowledgeable and competent and hopefully proficient enough not to do any harm to pts. These “freshly minted” healthcare professional’s skills and knowledge base is highly influenced by professors, instructors, medical literature and as they advance in their career… some/many will develop talents and skills that may be in conflict of what they were taught during their educational process, and that is not all bad.

Once the reason for a pt’s chronic pain is determined, and whatever can be done by to make physical changes.. via surgery, PT or some other corrective treatment.  If all other options have been explored, the only type of treatment that remains as a option is some sort of medication(s), perhaps ice/heat, on going PT and such treatments.

There are not enough chronic pain specialists practicing that could even begin to handle even a minority of the total chronic pain population.

Many/most healthcare professions (doctors, pharmacists, nurses and other mid-level practitioners) will become very knowledgeable and/or specialize in one or more areas within their scope of practice/license.

Treating most subjective diseases (pain, mental health) is mostly a trial and error in finding the right cocktail of medications to optimize the pt’s quality of life.

Let’s look at what is typical – as pts have posted – for pain clinics… many will provide ESI’s ( Epidural Spinal Injection) using a medication (Depo-Medrol) that has huge caution of using such a drug in ESI’s and many countries have banned its use in ESI’s. Some/many will insist on the pt continuing to have ESI’s even though they are providing little/no relief and the pt is coerced to get this procedure in order so that the prescriber will provide the pt a Rx for oral opiates.

It is claimed that there are some 10 million ESI’s given every year in this country and that 5% of those pts will develop https://en.wikipedia.org/wiki/Arachnoiditis which is an extremely painful irreversible  disease because of the ESI med accidentally being injected directly into the spinal fluid. There are other potential adverse events in receiving ESI’s including meningitis due to a contaminate med , compromised sterile field or poor sterile technique of the pain clinic staff.

Generally, providing a medical service/procedure that is not medically necessary is generally considered INSURANCE FRAUD.

Likewise many of these same pain clinics – that do implanted pain pumps – will use compounded opiates because they can purchase these compounded meds for 10% – 25% of the commercial morphine product ( Infumorph) which is the only opiate approved by the FDA to be used in implanted pumps.

So it would appear in this incident – and others that are coming to light – that WalMart is making some arbitrary decisions about the dose of opiates that some who are not “pain specialists” are providing chronic pain pts on a regular/scheduled basis.

Of course, most PCP would not venture out into the area of complex surgeries and most pts would not go down that path outside of an emergency, but how many pts have you heard about having “failed back surgery”… done my a SPECIALIST ?

They sued/got money from Tobacco, now suing Pharmas … is ALCOHOL next ?

All adults should be screened for unhealthy alcohol use, new guidelines say

https://www.cnn.com/2018/11/13/health/alcohol-use-screening-guidelines-uspstf-study

You can expect a “drinking checkup” when you visit the doctor. All adults, including pregnant women, should be screened for unhealthy alcohol use by their primary care physicians, the United States Preventive Services Task Force advises. For those patients who drink above the recommended limits, doctors should provide brief counseling to help them reduce their drinking, according to the new task force statement published Tuesday in the medical journal JAMA.

As far as teens, the independent panel of medical experts came up empty. The task force said it did not find enough evidence to make a recommendation for or against alcohol screening and counseling for those under the age of 18. The panel is calling for more research.
Unhealthy alcohol use means drinking beyond the recommended limits. No more than four drinks in a single day and 14 drinks in a week is the line drawn for men age 21 to 64, according to National Institute on Alcohol Abuse and Alcoholism. For women and older men, the institute advises no more than three drinks in one day and no more than seven drinks in a week. There is no safe level of alcohol for pregnant women, according to the institute.
The negative consequences of too much alcohol include illness, injury, and death — unhealthy alcohol use ranks as the third leading preventable cause of death in the US according to the task force. When pregnant women drink, birth defects and developmental problems in their children may follow.

Too many doctors don’t speak up about alcohol

The new recommendation is a simple update of the task force’s long-standing position. Since 1996, the task force has recommended doctors screen and briefly counsel adults for unhealthy drinking and before that, in 1989, it recommended physicians ask their patients to describe how they use alcohol.
“Yet implementation of screening and brief intervention still remains quite low,” Angela Bazzi and Dr. Richard Saitz, both of Boston University School of Public Health, wrote in an editorial published with the new guidelines in JAMA. “For example, in the United States, 1 in 6 patients reports having discussed alcohol with their physician; rates in Europe are similarly low.”
Bazzi and Saitz note that the World Health Organization supports screening and brief counseling for unhealthy drinking in adults, while the American Academy of Pediatrics does so for youth.

Even small steps are beneficial

The lack of discussion in doctors’ offices continues despite high prevalence of unhealthy drinking, “evidence for screening and brief intervention efficacy, substantial government funding, practice guidelines, and quality measures and incentives,” wrote the editorial authors.
Alcohol in breast milk may lead to lower cognition in kids, study finds
Behavioral counseling interventions include in-person or web-based sessions that are usually short, for example, just one to four sessions,two hours or less of total contact time, according to the task force.
Get CNN Health’s weekly newsletter
In studies, patients who have been advised to cut back on alcohol often report that they have done so to please the researchers, while reviews find no effects on objective measures of alcohol consumption (their blood levels) or the rates of injuries, alcohol-related illnesses and hospitalizations, according to Bazzi and Saitz. Still, “even small behavior changes” could improve health, they wrote.
“The societal context must change,” wrote Bazzi and Staitz. They added that less use of alcohol, “is better for health.”

Walmart Pharmacy won’t fill Nevada Doctor’s patients’ prescriptions

A Nevada doctor plans to sue Walmart after the big-box company told its patients it will no longer fill their prescriptions.

Dr. Gary Ridenour has been a Fallon doctor for more than 30 years. He’s a country doctor who still makes house calls.

“I like the smallness of the town. I like the people of the town. The simplicity of the town,” Ridenour said.

One day last summer he said the billion dollar company stomped on his small-town practice. Walmart sent Dr. Ridenour a letter that said, “In our efforts to meet our compliance obligations… and to help combat prescription drug abuse and diversion, we routinely review the prescribing patterns and practices of the prescribers whose prescriptions are presented to us for filling… we will not be able to continue filling your controlled substance prescriptions.”

Dr. Ridenour was surprised and upset.

“They said you can’t write prescriptions, controlled substances for any Walmart in the United States. Oh, that’s nice,” he said. “I got no phone call. I got no letter from these people, what are they doing? “

Walmart will no longer fill his controlled substances prescriptions like Fentanyl, Oxycodone and Hydrocodone. But it also won’t fill scripts for Valium, Xanax and cough medicine with Codeine.

Dr. Ridenour’s patients said they didn’t get any notice that Walmart wouldn’t fill their pain meds anymore.

“I couldn’t believe it,” Susan Harrison, a Fernley resident said.

Harrison said she was on a deck when it collapsed and crushed her leg and ankle. She said a surgeon had to put 12 pieces of steal in her body. Harrison said her orthopedic specialist asked Dr. Ridenour, her primary care physician, to continue her pain medication. Harris said she takes a half a pill in the morning and a half in the evening.

“If I didn’t have any pain pills I wouldn’t be able to get out of my bed in the morning. I wouldn’t be able to walk anywhere,” she said.

For nearly two months, News 4 has e-mailed, called and left messages with Walmart several times for an explanation as to why it won’t fill Dr. Ridenour’s prescriptions. The company has not commented. But a news release on Walmart’s website announced a new company policy that would restrict initial acute opioid prescriptions to no more than a seven-day supply. Dr. Gary Ridenour does prescribe beyond a seven-day supply.

Walmart is a private company and is not required to fill all prescriptions. But Dr. Ridenour’s patients say this is unfair.

“For Walmart to not understand what medical conditions people are coming in for and for just making assumptions without calling the physician and finding out that these people have real issues,” Harrison said.

Walmart is following the crack-down on opioids across the country. Nevada passed AB 474 that went into effect this year. The law requires prescribers do a risk assessment of the patient, run them through a state-wide database and justify the quantity written.

The Board of Pharmacy and The Nevada State Board of Medical Examiners are primarily responsible for enforcing the new law. Dr. Ridenour says neither state agency has ever investigated him for wrong doing. He says he’s planning on filing a lawsuit against Walmart.

“I’ve never overprescribed. In fact, this year we kicked out 12 patients because we drugged screened them and they had,” he said.

Doctors complain the new law makes more work for them. And in Dr. Ridenour’s case, he believes the law scared Walmart into no longer filling his patients’ prescriptions.

“It’s not fair to my patients,” he said.

It also limits where his patients can fill prescriptions.

“Most of us in small towns don’t have a lot of options,” Harrison said.

http://www.ncpanet.org/home/find-your-local-pharmacy

 

Discriminating against chronic pain pts at the corporate level ?

https://edsinfo.files.wordpress.com/2018/11/walgreen_s-note-to-doctor-about-notifying-dea.jpeg

Chronic pain pts are considered part of a protected class under the Americans with Disability act and discriminating under this act is considered a civil rights violation. The CDC guidelines is some 90 pages and apparently Walgreens has found a couple of sentences or paragraphs out of that document that they like…

Here is four quotes from the CDC opiates guidelines that they don’t seem to like:

https://www.cdc.gov/mmwr/volumes/65/rr/rr6501e1.htm

“The guideline is intended to ensure that clinicians and patients consider safer and more effective treatment, improve patient outcomes such as reduced pain and improved function.”

“Clinicians should consider the circumstances and unique needs of each patient when providing care.”

“Clinical decision making should be based on a relationship between the clinician and patient, and an understanding of the patient’s clinical situation, functioning, and life context.”

“This guideline provides recommendations for primary care clinicians who are prescribing opioids for chronic pain outside of active cancer treatment, palliative care, and end-of-life care.”

Many in healthcare seem to believe that “corresponding responsibility” is a ONE WAY street and all actions under that term should be to reduce/eliminate – at all costs –  the possibility of a pt becoming a substance abuser – even if it means that the valid chronic pain pt has to be denied appropriate pain management care and suffers a reduction in quality of life issues.

I find Ms Polster’s corporate title somewhat ironic — VP Pharmacy Quality Compliance and Patient Safety.   How safe is a pt’s quality of life if they can’t get the amount of medications that they need to optimize their quality of life and pain reduction ? I wonder how many other health/disease issues that they are sending out letters to prescribers … recommending that the pt’s medication be reduced. If they are not… then it would further suggest that Walgreens is practicing corporate civil rights violations on a fairly selective group of pts.

For those pts who are tired of corporations telling your prescriber how to practice medicine and what medications you are entitled to… here is a website to help a pt find a local independent pharmacy who is more likely to work with a pt’s prescriber and the medications they need, instead of interfering with what the pt’s medications needs are.

http://www.ncpanet.org/home/find-your-local-pharmacy

 

what do you do when the agency that is suppose to provide the “gold standard” of data provides only “blurred data” ?

Drugs Involved in U.S. Overdose Deaths, 1999 to 2017

I am sure that it is probably accurate with one caveat they don’t segregate legal meds from illegal drugs.. Methadone can be legal, Methamphetamine can be legal, Cocaine can be legal, Heroin is all illegal, Synthetics can be legal or illegal… the typical OD toxicology shows 4-7 different substances normally INCLUDING ALCOHOL.. Even if a med is produced by a pharma if it is acquired or possession of someone who did not have them prescribed to them and/or diverted is somehow from the primary distribution system.. it AUTOMATICALLY becomes an ILLEGAL DRUG and this chart does not distinguish between a legal and illegal substance. Could this be because of an agenda by the CDC or other agencies of the Feds to intentionally obscure the clarity of the reality ?.

How does anyone refute the “facts” that the anti-opiate groups use to defend their position when the source of their “facts” is a federal agency – that is suppose to be the “gold standard of health/disease stats” and they are not publishing stats that have any definitive clarity but rather mish-mash of basically “raw data” that ultimately produces mis-directed information.

shouldn’t the American public expect the DETAILED TRUTH from all federal agencies ?

Opioid Crisis Not Helped by Panic

Opioid Crisis Not Helped by Panic

https://www.cato.org/publications/commentary/opioid-crisis-not-helped-panic

The opioid crisis that gets the most attention is the growing rate of opioid-related overdose deaths in non-medical users. This conflagration consumes growing numbers of men and women, young and old, across diverse demographic categories. In 1972 President Nixon declared a “war on drugs,” and these people are drug prohibition’s civilian casualties.

The lure of easy money from selling drugs in the black market attracted drug dealers – including unscrupulous doctors and pharmacists – to supply non-medical users with substances of abuse. According to the National Survey on Drug Use and Health, less than 25 percent of non-medical users of prescription opioids ever get them from a doctor – they get them from a friend, relative, or drug dealer.

Study after study show a “misuse” rate of less than 1 percent in patients prescribed opioids for acute pain or chronic pain. And numerous large studies show an even lower overdose rate from opioids used in the medical setting. Despite these facts, the crisis managers’ solution is yet another prohibition: prescription prohibition.

States have enacted laws that limit the dosage and number of pain pills doctors can prescribe to their patients. If doctors are thought to prescribe more than regulators believe appropriate, they might get a visit from the Drug Enforcement Administration and be escorted out of their office in handcuffs.

The Food and Drug Administration has encouraged drug companies to replace their prescription drugs with “abuse-deterrent formulations” that cannot be crushed and snorted or dissolved and injected. But abuse-deterrent opioids have been shown to drive thousands of opioid abusers to deadly heroin and fentanyl. And the DEA ratchets down the amount of opioids drug makers are permitted to produce. This has caused severe shortages of injectable opioids in hospitals, making hospitalized patients suffer in pain and causing some hospitals to cancel elective surgeries.

But the black market caused by drug prohibition is very efficient. A look at the CDC mortality numbers shows as prescription opioids diverted to the black market became abuse-deterrent or less easy to obtain drug dealers filled the void with heroin and fentanyl.

Prescription prohibition is behind the other opioid crisis: the pain crisis. Each day more and more patients suffer needlessly because their doctors are under-treating their pain or cutting them off from pain medicine that has allowed them to function. Many become invalids and shut-ins, unable to lead a meaningful existence, as their unbearable pain returns.

Fear of opioids propels drug prohibition, the black market, and rising overdoses from heroin and fentanyl. It also drives the misguided prohibition on prescribing pain medication, causing patients to suffer and destroying lives.

and who says that the ADA never helps the disabled and helps attorneys MAKE MONEY ?

Lawsuits targeting business websites over ADA violations are on the rise

http://www.latimes.com/business/la-fi-hotels-ada-compliance-20181111-story.html

The boutique Avanti Hotel is known for its poolside, dog-friendly rooms. Yet its website uses the valuable opening page not to highlight the Palm Springs inn’s amenities, but to explain, in stark black letters on a plain white background, that the Avanti violated the Americans with Disabilities Act.

Like thousands of other businesses in the United States, the 10-room hotel on East Stevens Road has been sued because it hasn’t fully complied with the 1990 law that requires public places — hotels, restaurants and shops — to be accessible to people with disabilities.

But Avanti isn’t being accused of failing to build a wheelchair ramp or install handrails — common charges in the scores of ADA lawsuits in years past. Instead, the information on recovering from a bankruptcy contends that the hotel’s website can’t be used by people who have problems seeing or hearing.

Avanti Hotel and others have been caught up in a recent wave of ADA lawsuits from source targeting websites across the country. The Trump administration’s decision to stop drafting rules for website ADA compliance is widely seen as opening the floodgates to legal action.

Nearly 5,000 ADA lawsuits were filed in federal court for alleged website violations in the first six months of 2018, according to an analysis by Seyfarth Shaw, a law firm that specializes in defending such cases. The firm predicted that the number of lawsuits will climb to nearly 10,000 by the end of the year, a 30% increase from 2017. The lawyers for DUI charges in Delaware are also known for defending such cases.

With online sales, reservations and job postings now a huge part of modern commerce, advocates for the disabled say websites need to be as accessible to everyone, just as brick-and-mortar stores, restaurants and schools are.

“We have been dealing with website issues for a long time,” said Jim Thom, past president and government affairs director for the California Council of the Blind. “We want compliance. It is a serious problem, no question about it.”

For a website to be accessible to disabled people, the content must be coded so that screen-reading software can convert the words to an audio translation. Video that appears on a website must include descriptions for the deaf. Also, all interactive functions must be operable through keyboard commands for people who can’t use a mouse.

No formal government standards exist for private businesses to follow to ensure their websites comply with the ADA, although a consortium of web innovators has created guidelines, known as the Web Content Accessibility Guidelines, to make websites more accessible to disabled people. Government websites already follow those guidelines, but private business websites, which are typically loaded with images and video, tend to be more difficult to overhaul to meet the guidelines, experts say.

The cost of making sites accessible ranges from several thousand dollars to a few million dollars, depending on the complexity of the site, according to trade groups and business owners.

ADA lawsuits, filed in federal and state courts, have targeted the websites of retailers (including Winn-Dixie Stores Inc. supermarkets), restaurants (including Domino’s Pizza Inc.) and universities (including Harvard and MIT).
Customer Matt Thomas sits at a table at a Hooters restaurant in Los Angeles as employee Keiana Martinez delivers a meal to another customer. The Hooters chain was sued because its website did not comply with the Americans with Disabilities Act.
Customer Matt Thomas sits at a table at a Hooters restaurant in Los Angeles as employee Keiana Martinez delivers a meal to another customer. The Hooters chain was sued because its website did not comply with the Americans with Disabilities Act. (Mel Melcon / Los Angeles Times)

The Hooters restaurant chain was sued last year, even after the chain agreed to fix its website as part of a settlement of a previous lawsuit. A federal appeals court ruled that Hooters remained vulnerable to lawsuits until it fixed the website under the previous lawsuit settlement.

Earlier this month, the American Council of the Blind announced that it had reached a settlement with the streaming service Hulu to make Hulu’s website and software app more accessible to blind users.
Streaming service Hulu has settled a lawsuit with the American Council of the Blind to make Hulu’s website and software app more accessible to blind users.
Streaming service Hulu has settled a lawsuit with the American Council of the Blind to make Hulu’s website and software app more accessible to blind users. (Hulu.com)

The cost of defending such lawsuits can be burdensome for small businesses such as the Avanti Hotel.

Fixing the site would cost about $3,000, which hotel manager Jim Rutledge said he is willing to pay. But the lawsuit demands the hotel also pay damages to the plaintiff, and Rutledge said his lawyers advise him that he may have to settle for between $8,000 and $13,000.

“I would really like to fight it, but it just comes down to finances,” he said, estimating that he could be forced to pay up to $25,000 in damages, plus lawyer fees, if he fights the suit and loses. In the meantime, several pages of the hotel’s website have been replaced with plain type because “no access is equal access for everyone, per the ADA requirements,” the site notes.

Some trade groups say the lawyers and plaintiffs who file many of these lawsuits are only interested in using the law to pocket hefty court-imposed damages.

“Simply put, for those who are abusing the system, it’s about money, not about expanding access,” said Peter Clerkin, a spokesman for the Asian American Hotel Owners Assn., which is advising its members to make websites ADA-compliant and not wait to get sued.

Since it was signed into law by President George H. W. Bush in 1990, the Americans with Disabilities Act has been cited thousands of times in lawsuits filed against hotels, restaurants and shops to remove physical barriers for disabled people.

As early as 2009, the act was cited in lawsuits that targeted the websites of businesses and universities, saying the online portals must be just as accessible to disabled people as the buildings that house businesses and schools.

In 2010, the Justice Department began to draft formal regulations for websites to meet ADA goals. But last December, the agency announced it was withdrawing its “rulemaking process,” at a time when the Trump administration was calling for a rollback of federal regulations.

The department said it was killing the regulations because it was “evaluating whether promulgating regulations about the accessibility of web information and services is necessary and appropriate.”

In a June 20 letter, 103 members of Congress — Republicans and Democrats — urged then-Atty. Gen. Jeff Sessions to adopt website regulations, saying the absence of such regulations “only fuels the proliferations of these suits.”

Lawyers who defend ADA lawsuits say the Justice Department’s actions to pull the plug on adopting new regulations may have instigated the latest surge in lawsuits.

Business owners who are sued under the ADA complain that the law allows plaintiffs to demand huge payouts in damages without first giving the business owner the opportunity to fix the websites.

California leads other states by far in ADA lawsuits filed over website accessibility, according to the Seyfarth Shaw analysis. That may be because a California law sets a minimum dollar amount for damages of $4,000 plus attorney’s fees for each ADA violation, a minimum not imposed in most other states. The minimum, according to lawyers who defend such lawsuits, makes suing in California more lucrative.

The lawsuit against Rutledge’s hotel was filed by Manning Law in Newport Beach. The plaintiff was Kayla Reed, who is described as a resident of Montana. Manning Law has filed 355 ADA cases, primarily in California, in the last 12 months, according to court records.

In an email, Joseph Manning, an attorney at Manning Law, declined to comment on the case against the Avanti Hotel, but rejected criticism that his lawsuits are intended to enrich him and his clients.

“This case will not be resolved without addressing the accessibility concerns in the complaint, of that I can assure you,” he said.

Reed, who is described in the Avanti lawsuit as visually impaired, is listed as a plaintiff on more than three dozen lawsuits in federal court and in state courts in Ventura and San Bernardino counties, court records show. The defendants in her lawsuits include Kmart, Hugo Boss, David’s Bridal and CVS Pharmacies.

The Los Angeles Times couldn’t locate Reed, and Manning said she would not comment on her lawsuits. But he said that money is the “least important issue for her in these cases,” adding that “private enforcement of these laws is also the means devised by Congress to enforce these laws without burdening the taxpayer.”

Manning was listed as Reed’s lawyer in a Ventura County Superior Court suit against CVS in 2017, according to court records. In the suit, she is described as a resident of Ventura County who was seeking $75,000 in damages, saying that the CVS website was not accessible to blind people.

The case was eventually transferred to U.S. District Court in Los Angeles. The case was dismissed Dec. 8, 2017, when the court was notified that a settlement had been reached. The details of that settlement were not disclosed.

Manning declined to comment on the settlement.

Asked to comment, CVS issued a statement saying the company is “committed to compliance with the Americans with Disabilities Act and other laws and regulations related to assisting individuals with disabilities.”

 

Veterans Day: By the time I saw my VA doctor, he said it was too late

Veterans Day: By the time I saw my VA doctor, he said it was too late

https://www.foxnews.com/opinion/veterans-day-by-the-time-i-saw-my-va-doctor-he-said-it-was-too-late

As I sat in the Phoenix Veterans Affairs hospital on Dec. 21, 2012, I had no idea my life was about to change. I’d seen a nurse practitioner in 2011 and was finally consulting with a VA urologist almost a year later. I knew something was wrong, but I wasn’t prepared for the diagnosis I was about to receive.

“You’ve got one of the worst cases of prostate cancer I’ve ever seen in my life,” the urologist said to me. “Hospice will call you Monday morning.”

Those words hit me like a ton of bricks.

I was diagnosed with stage 4 prostate cancer. Had I been seen by a doctor sooner, my cancer could have been detected before it had progressed so far. Now it was too late. My cancer was so advanced the VA wouldn’t even offer me a treatment option.

I had joined the U.S. Army in 1989 as a young, ambitious kid. I honorably served my country for 18 years in the infantry and military police. When I took off the uniform, I relied on the promise I would be cared for as one who “shall have borne the battle.” But that promise was broken.

I was let down by government, the country that I served and loved. That hurt worse than my diagnosis.

The road I’ve traveled has been long and grueling. Leaving the VA behind, I sought another opinion from a private-sector doctor. I immediately underwent surgery, followed by years of intense radiation, chemotherapy and anti-hormone therapy.

Today, my cancer is in remission, thanks to the willingness of my non-VA doctors to fight for me. I still struggle and endure regular physical pain, but I’ve overcome far more than I or the VA expected.

Now Concerned Veterans for America Foundation has given many of us an even larger platform to share our experiences, a documentary titled “The Care They’ve Earned.”

Unfortunately, I am not the only veteran who has been denied the care they earned. Thousands of others wait months and even years for medical care and have to endure the bureaucratic red tape of the VA’s health care system every day. They do this because, until recently, it was the only option.

My experience motivated me to act – I wasn’t willing to sit by while veterans literally died waiting for care from the VA. I led the charge to expose the VA’s flaws by reaching out to the press, rallying friends and family, talking to lawmakers, partnering with advocates, and winning the landmark medical malpractice lawsuit against the Phoenix VA for $2.56 million last year. The voice of veterans has been heard loud and clear.

A few months ago, I got to stand beside the president as he signed the VA MISSION Act. This law will make it much easier for veterans to access medical care outside the VA. No more waiting months to see a doctor or driving hundreds of miles to a distant VA facility. We are finally going to get the care we earned.

When we tell our stories and call for change, people listen. Now Concerned Veterans for America Foundation has given many of us an even larger platform to share our experiences, a documentary titled “The Care They’ve Earned.” The film sheds light on my life-or-death battle for medical care along with other veterans around the country. We talk about the care we’ve received from the VA and how we’ve often been disappointed by its flawed health care system.

This Veterans Day, I encourage you to watch “The Care They’ve Earned” on Amazon Prime. Hear the voices of those who served and were disappointed by their government.

Thank you to all my fellow veterans for your service to this nation and to those at home who support and care for us. Happy Veterans Day.