PRN files State Tort Claim vs. WA State

Filed under: Law/Constitution, Medicine/Ethics/Standards, Opiophobia/Chilling Effect - 08 Jul 2008

Pain Relief Network files State Tort Claim vs. WA State; Alex DeLuca; War on Doctors/Pain Crisis blog of the Pain Relief Network; 2008/06/08. [Full text PDF]

See also:
PRN Complaint for Declaratory and Injunctive Relief, and Damages - 2008
WA’s Interagency Guideline on Opioid Dosing for Non-Cancer Pain - 2007

SUMMARY:
Nature of Relief Sought This lawsuit is the result of grossly misinformed prejudices about opioid(1) pain medications held by high-level Washington public health officials. Those prejudices are identified in medical literature as opiophobia.(2) As a direct result of public health policies based on opiophobia, chronic pain patients in Washington are now unable reliably to secure necessary and appropriate treatment for their severe pain anywhere within the State of Washington. The dilemma of the chronic pain patients arises out of overreaching actions on behalf of senior public health officials, as well as that opiophobia - which has now permeated the entire Washington State health culture and also unlawfully influences medical licensing decisions.

 [Read the entire document in PDF format]

Pain Treatment Advocacy Group Sues State of WA; Donna Gordon Blankinship; Associated Press; 2008-06-25.

See also:
Complaint for Declaratory and Injunctive Relief, Damages
a class action lawsuit by Laura Cooper (lead attorney) et al., Filed: 2008-06-24 

Exhibit 1: The WA state Opioid Dosing “Guidelines”
by Agency Medical Directors Group (AMDG); Mar. 2007; Filed 2008-06-24

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The nonprofit Pain Relief Network says the guidelines for prescribing narcotics, written by the Washington state Department of Health and published in March 2007, have influenced pain treatment across the country and have made doctors afraid to give opiate prescriptions.

Dr. Schneider’s Pretrial Constitutional Motions, Including Schneider’s Response to Govt’s Opposition, in Judge’s Hands; Alex DeLuca; War on Doctors/Pain Crisis blog of the Pain Relief Network; 2008-06-25.

Dr. Schneider’s pretrial motions to dismiss on constitutional grounds, and his motions for abstention have been filed, as has the Government’s opposition to those motions, and Dr. Schneider’s response to the Government’s opposition.

As I understand it, now we wait for rulings by the Judge.

The relevant briefs, and the Order releasing Dr. Schneider on bond and setting conditions on that release, are linked to, below. Dr. Schneider’s wife Linda remains in jail as a “flight risk” and is awaiting hearings on her detention and release.

Kick-ass Pretrial Motions:

Defendants’ Memo and Authorities in Support of Motion to Dismiss Indictment as Unconstitutional

Memo of Points and Authorities in Support of Defendants’ Motion for Abstention

Defendants’ Reply to Govt’s Response in Opposition to Defendants’ Motions to Dismiss

Schneider Release Memorandum and Order

[END]

PRN at Fed. Court - Reynolds and Patients Try to Reopen Schneider Clinic - Associated Press; WIBW TV; 2008-02-19. Source.

(Includes: video of TV news coverage of the Press Conference)

Excerpt:
... The patients held a news conference this morning outside the federal courthouse in Wichita. They wanted to draw attention to their plight and the civil lawsuit filed against the government last week on their behalf. The lawsuit, filed by the New Mexico-based Pain Relief Network, claims the government put patients in mortal danger and created a public health disaster. ...

The news conference today was announced in a Press Release, Tuesday Feb. 18, 2008, WICHITA, Kansas:

Pain Relief Network Sues to Halt Government Actions Taken Against Kansas Patients

PAIN RELIEF NETWORK, on behalf of patients of Stephen J. Schneider, D.O., Plaintiff,
vs.
THE STATE OF KANSAS, THE KANSAS STATE BOARD OF HEALING ARTS, United States Attorney MUKASEY, US Attorney for Kansas MELGREN, and THE US DEPT OF JUSTICE, Defendants.

The Complete Lawsuit (Text, Footnotes, Appendix, Exhibits) - [ZIP]

Full Text of Lawsuit and Discussion

Full Text of Lawsuit Including Footnotes

PRN in Kansas - updated News archive

"Stickshifts and Safety Belts" + "Love You Madly"

See also: Verified Petition for Temporary Restraining Order (PDF) - PRN Sues Kan. State Med. Board to Protect Abandonded Patients