Brain Cancer Patient Sues Over Arrest

ap via 360.com ^ | 24 JAN 03 | unk

[greydog]

TACOMA, Wash. (AP)--A woman with a brain tumor filed a lawsuit against Walgreens, saying when she arrived to pick up her painkiller prescription one day, a pharmacist had her arrested.

In a lawsuit filed Thursday in Pierce County Superior Court, Shannon O'Brien, 35, said she went to the drive-up window at a Walgreen Drug Store two blocks from her home last July 7. The pharmacist on duty thought she had faked her Percocet prescription and called police, the lawsuit stated.

``I was in hysterics--crying, very upset and very embarrassed,'' O'Brien told The Associated Press on Thursday. ``They could have checked my records. I've had the same medicine every month.''

A woman who answered the phone at the pharmacy Thursday directed inquiries to the Walgreen's regional office in Bellevue, where a telephone message was not immediately returned. A spokeswoman based at Walgreen Co. headquarters in Deerfield, Ill., said Friday she could not comment on pending litigation.

O'Brien's lawyer, Mike Withey, said he didn't know what led the pharmacist to suspect O'Brien of faking her prescription. According to the lawsuit, when the pharmacist called the University of Washington Medical Center's neurosurgery department to ask about it, he was told O'Brien's doctor, Alexander Spence, was unavailable, so the prescription couldn't be confirmed right away.

That's when the pharmacist called Tacoma police, the lawsuit said. O'Brien was still sitting in her car at the drive-up window when they arrived.

O'Brien, who was first diagnosed with a brain tumor in 1994, said she told the officer who handcuffed her that he could call her doctor or her nurse to verify the prescription.

``I told him I had brain cancer, and I had a medical information card inside my wallet,'' she said. ``It didn't matter to him. He didn't believe anything I was telling him.''

O'Brien's family posted bail that night, but she was still without her medicine. She was arraigned the next day; as a condition of her release, she was required to attend a session at a drug treatment facility.

Her lawyer eventually succeeded in getting the felony prescription fraud charge dropped--after her doctor provided confirming information to the Pierce County prosecutor's office.

The pharmacist was not immediately reachable by telephone for comment Thursday evening.

AP-NY-01-24-03 1510EST

[greydog]

as a condition of her release, she was required to attend a session at a drug treatment facility

Makes you want to vomit, because chemo makes you sick, and marijuana (medicinal) is illegal.

[Hildy]

Oh my God. You read stories like this and you wonder about the arresting cop. YOu can say, yes, he's just doing his job,but they're human beings too. What is happening in this country?

[babylonian]

You're a little late. Somebody already posted this one.

[Linda]

What is happening in this country?

One word.....LIBERALISM

[Camerican]

No, Linda. That's not liberalism. That's Gestapo-ism.

[Paleo Conservative]

I wish news reports like this listed the name address and home phone number of this vermin.

[greydog]

Did the search, that's all you can do, and if it's not enough..............

[robertpaulsen]

Yeah, too bad that marijuana is the only drug for nausea. Whenever I'm nauseous, the first thing I want to do is smoke a cigarette, or, at least, be around a whole bunch of people who do.

Throw in a couple of cigar smokers and I perk right up!

Why did you bring up marijuana? The article said nothing about chemo, nausea, vomiting, or "medical" maijuana. The (erroneous) arrest was for faking a Percocet prescription.

[billorites]

" You read stories like this and you wonder about the arresting cop"

I'm generally very supportive of the police, but...

A.) They are interested in expanding their influence and power, like most groups, which places them in direct opposition to most of the first 10 amendments to the Constitution.

B.) The best and the brightest tend not to go into law enforcement.

[Glenn]

This is a maddening story but nothing more than an anecdote. The lady has recourse and I'm sure her lawyers will use it. Man bites dog. Not the norm. Not a trend. A singleton.

[greydog]

I was trying to bring up the point of the politics of the WOD.

BTW there is a drug, marinol, that has exactly the same active ingredient (THC) as pot, but it is in pill form. Politics insists that THC is OK to swallow, but not to smoke.

Ever try to swallow a pill when you are puking?

[Teacher317]

This is a maddening story but nothing more than an anecdote. The lady has recourse and I'm sure her lawyers will use it. Man bites dog. Not the norm. Not a trend. A singleton.

I disagree. There are multitudes of stories featuring the very same theme: innocent person accosted by police, has a plausible and verifiable story, makes a simple and manageable request... and the police continue their imitation of a bulldozer in a nursery.

For example: ``I told him I had brain cancer, and I had a medical information card inside my wallet,'' she said. ``It didn't matter to him. He didn't believe anything I was telling him.'' A simple request, and easily done while she is cuffed (or even before, since she was not fighting, struggling, or arguing). They did nothing

O'Brien's family posted bail that night, but she was still without her medicine. The health of the victim is a secondary concern, even after they are alerted to her situation.

She was arraigned the next day; as a condition of her release, she was required to attend a session at a drug treatment facility. Even still, the story is not verified, and she is required to go to a treatment facility, which most likely affects her criminal record, her rights, her future employment potential, etc.

Her lawyer eventually succeeded in getting the felony prescription fraud charge dropped--after her doctor provided confirming information to the Pierce County prosecutor's office. However, as we've seen with other acses, it's almost a sure thing that her 2nd Amendment rights are forever null and void, now... even after it has been discovered to be a big mistake.

This is NOT an isolated anecdotal event.

[Karsus]

If it is Liberalism then why do so many on FR defend cops that do stuff like this?

[bigfootbob]

"Makes you want to vomit, because chemo makes you sick, and marijuana (medicinal) is illegal.

Not in Washington. However, some doctors are reluctant to prescribe m.m.

[bigfootbob]

"The (erroneous) arrest was for faking a Percocet prescription.

Mr. Paulsen there you go again. Please visit an opthomologist and have your eyes examined. The lady had a VALID prescription. The pharmacist didn't check his computer records, and the police wouldn't verify her medical ID card. This is a travesty.

[Thinkin' Gal]

It's not this lady who has the "brain cancer".

[kaboom]

"Ever try to swallow a pill when you are puking?"

I have got to remember that line. It is so obviously true but easy to forget about...until it's too late.

[bigfootbob]

"BTW there is a drug, marinol, that has exactly the same active ingredient (THC) as pot, but it is in pill form.

Not quite. Marinol has tetrahydracannibanol delta 9 derived synthetically. Pot has 40 additional elements that are also beneficial as a anti-nausea medication and analgesic. Also, Marinol is very expensive and most insurance programs will not cover the costs.

[Grut]

If it is Liberalism then why do so many on FR defend cops that do stuff like this?

There is a subset of 'conservatives' who compensate for their own sense of inadaquacy by identifying with a 'strong' state. They see cops pushing people around as themselves being forceful.

[freeper12]

>>What is happening in this country?


Too many thugs with badges, thats what is happening...no reason the cops couldn't have just called her doctor and verified the story...just doing their job I guess...like the Nazi guards.

[freeper12]

>> The best and the brightest tend not to go into law enforcement.


You got that right..read a story about a year ago about a guy who wanted to be a cop but was denied because he scored TOO HIGH on the aptitude test....go figure.

[freeper12]

>>If it is Liberalism then why do so many on FR defend cops that do stuff like this?

I can't figure out that one either...so many anti-government people here and somehow they give the most extreme-in-your-face example of power gone crazy, and most here on FR just make excuses for them..."gee, we know we accidentally shot your 11 year old, totally innocent and unarmed child mr. smith, but don't forget about all those cops that died in the WTC..."

[Glenn]

innocent person accosted by police, has a plausible and verifiable story, makes a simple and manageable request... and the police continue their imitation of a bulldozer in a nursery.

The pharmacist is to blame here. He/she called the police and forced the action. A pharmacist is a person of trust in a community. A bogus prescription is a pretty serious charge for him/her to make. I think you're blaming the wrong party.

I would imagine several million prescriptions are filled every day and this is the first time I've read a story like this. Can you cite so many others that it does not become an anecdote?

[Karsus]

If you don't mind me asking, why is brain cancer in quotes in your post?

[mgstarr]

There's something more to this story I think. If you have a valid prescription, why would there be conditions to her release?

Hate to be a skeptic, but some key data is missing here.

[Karsus]

Because, sometimes, those in power that make mistakes do not want to admit to them? It just worked against the police that this woman and her family talked to the media.

[corkoman]

There is a more serios element to all this - thew WOD like all wars needs to demonize the enemy. This poor lady is collateral damage - the Witch Hunts over OxyContin have impacted Pharmacist and techs - they are now supposed to be on the FRONT LINES of the war and fear PROSECUTION ifgthey DONT call the cops at the slightest concern for prescription abuse.

And then we have have the Big Bad Cop - he is conditioned to strong-arming druggies and looks at the possibility for some Headlines inthe local papers. Hell, I am not surprised to find he threw her in the slammer.

All this madness continues because of the mendacity and brainwashing demonstrated by Kevin Curry and Dane and Lady Doc. They represent Americans who support the WOD! And although they are children of God I do not wish them well.

I spent several years treating patients with brain tumors - of all people they deserve UNINTERRUPTED access to heavy narcotics.

[cynicom]

After the lady gets thru Walgreen may well be called Walred, the lady may have all the green.

[Karsus]

Did you ever read the article?

``I told him I had brain cancer, and I had a medical information card inside my wallet,'' she said. ``It didn't matter to him. He didn't believe anything I was telling him.''

He was not just doing his job. He was hell bent of putting her in jail. His job, least you forget, it to 'Protect and Serve'.

[HiTech RedNeck]

Jackboot jackboot jackboot all the way. I am only disappointed that she isn't suing the prosecutor as well as the Walgreens. It's an abysmal case of governmental malpractice, forget about pharmacy.

[BlazingArizona]

Her lawyer eventually succeeded in getting the felony prescription fraud charge dropped--after her doctor provided confirming information to the Pierce County prosecutor's office. However, as we've seen with other acses, it's almost a sure thing that her 2nd Amendment rights are forever null and void, now... even after it has been discovered to be a big mistake.

Why is it that rapists and carjackers get presumption of innocence, while thisa woman arrestewd by mistake on a drug charge gets presumption of guilt?

Slowly and surely, the drug war is making us into Iraq.

[HiTech RedNeck]

B.) The best and the brightest tend not to go into law enforcement.

In fact too high an IQ will disqualify a candidate. Seriously. If you're in Mensa you cannot be in blue.

[robertpaulsen]

"The (erroneous) arrest was for faking a Percocet prescription."

Who needs glasses? Let me walk you through this:

A. She was arrested for faking a Percocet prescription.
B. The prescription turned out to be valid.
C. Therefore, the cops errored.

Now, how is this different from my statement above?

[bigfootbob]

Here's the key word Mr. Paulsen.

The pharmacist on duty thought she had faked her Percocet prescription and called police, the lawsuit stated.

[robertpaulsen]

"The pharmacist on duty thought she had faked her Percocet prescription and called police, the lawsuit stated."

And he was in error, as it turned out. What's your point? Sometimes people make mistakes. I really don't understand the point your trying to make.

Are you saying she was set up by the pharmacist? Or by the cops? Or that the cops had no valid reason? Where are you going with this? I said it was an erroneous arrest. They thought it was fake. They were in error. God!

[billorites]

"If you're in Mensa you cannot be in blue."

That does not give me a warm and fuzzy feeling.

[bigfootbob]

..." the cops had no valid reason?"

There's my point. Two minutes of old fashioned police work would have prevented this from happening.

[drlevy88]

Walgreens stinks, and so do a lot of other big chain pharmacies. I see a doctor every month or so, who writes me a prescription for the same two medicines. This horribly complex situation has confused the Walgreens pharmacists no end. I've had them tell me that my prescription was already picked up, or that I already have almost a month's worth to go, or that the doctor prescribed brand name rather than the generic I wanted (all untrue). I say "has confused" in past tense, because since my prescription plan dropped Walgreens (hmmmm), I have started going to a small old-time drugstore, the kind where everyone knows everyone like 40 years ago.

[drlevy88]

Can't you tell a little wry humor. The point is the Hysteria On Drugs has gotten way too far out of control.

[bigfootbob]

Walgreen's is a rather new pharmacy to the Pacific Northwest. They've moved in big time, building new stores everywhere. Rest assured they'll not receive any of my business after this incident. I try and stay out of Tacoma as much as possible too.

I have a gut feeling there is a racial component involved here. I wish the press would have included more information about the location of the Walgreen's.

[drlevy88]

Well, according to the article 2 blocks from Ms. Brien's home. The name Shannon O'Brien sounds quite Irish. Shouldn't take much sleuthing to turn it up if her home address is listed in Anywho or a similar service. Maybe this Walred's can be freeped.

[Cultural Jihad]

Hate to be a skeptic, but some key data is missing here.

Perhaps so. She will have her day in court. So far all we read are the liberal rag accounts quoting her trial lawyer.

[drlevy88]

She may have pleaded no contest in a panic.

[Cultural Jihad]

Pleaded no contest? What did I miss in the news account? I thought she was never even arraigned.

[Cultural Jihad]

Related article: http://www.freerepublic.com/focus/backroom/829109/posts

(Apparently junkies killing themselves or others in their self-made dungeons isn't even newsworthy anymore, according to the liberal media.)

[drlevy88]

She was arraigned the next day; as a condition of her release, she was required to attend a session at a drug treatment facility.

Next question?

[Cultural Jihad]

Thanks. Perhaps there was a little bit of fudging going on with her prescription to the highly-addictive pain killer, but the prosecutor, as they all do, had to contend with the weight of the evidence, the likelihood of a conviction, mitigating circumstances, etc. The fact that she suffers from 9 years as a brain cancer survivor (very rare) does not necesarily make her irrational or not responsible for her actions, but a lawyer could try to twist that to her benefit in a criminal trial, and hence the reduced charges. Since it is a local matter and I do not live in Tacoma, I will leave the matter in the hands of the good people there. In the meantime, I must run to Walgreens to pick up some things.

[DAnconia55]

``I told him I had brain cancer, and I had a medical information card inside my wallet,'' she said. ``It didn't matter to him. He didn't believe anything I was telling him.''

WOD Ping.

[PatrioticAmerican]

Since when do the police arrest for such a report? Don't they usually investigate first? Sorry, this is the new police state of Amerika.