Posted on 07/20/2018 5:05:50 AM PDT by GailA
Robert D. Rose Jr. implored a federal judge Tuesday to consider the plight of military veterans denied relief from chronic pain by the Department of Veterans Affairs as a result of recent VA policies drastically limiting the amount and type of opioid-based pain medications prescribed for treatment.
U.S. District Judge Travis R. McDonough listened to impassioned arguments by Rose in support of an injunction he filed that could have opened the possibility of other veterans seeking legal options to being denied long-prescribed opioid medications. McDonaugh also heard responses from government attorneys who maintained the VA is rightly following recent federal policy in weaning many veterans off opioid-based medications.
McDonough denied issuing an injunction, saying that Rose offered insufficient proof, effectively narrowing the scope of the lawsuit filed last year to Rose vs. the Mountain Home VA Medical Center and releasing a number of doctors and other defendants initially named in the November 2017 civil action.
Rose, 52, of Gray, said he continues to suffer debilitating pain since being tapered off opioid pain medications beginning in 2016 for chronic medical conditions connected to his service as a Marine. He maintains VA policies drastically affect his quality of life, along with many other veterans now compelled to seek alternate methods of pain relief.
Chattanooga-based McDonough also set a July 2019 trial date for the lawsuit. The case will be heard in U.S. District Court in Greeneville.
“I’m not going to stop fighting this,” Rose said Tuesday afternoon as he left the courtroom.
Rose sought to obtain an order from the judge to suspend the VA and Department of Defense policy tapering off prescription of opioid-based medications for former and current members of the military.
In his amended complaint, Rose made a number of legal claims naming as defendants the U.S government, the VA and individual medical providers who treated him, along with U.S. Rep. Phil Roe, who was earlier excused by McDonough from attending the hearing.
Government lawyers maintained at the hearing that Rose alleged no “viable cause of action” against the defendants. For purposes of the injunction sought, McDonough agreed.
McDonough said while announcing his ruling on one of the allegations that Rose “is not likely to win on the merit of his claims.”
Rose said he cannot afford a lawyer and represents himself. Assistant U.S. attorneys Kenny L. Saffles and M. Kent Anderson represented the government.
Rose’s legal arguments cover a wide range of legal territory, including various constitutional violations, violation of the Medicare Act, violation of the Proxmire Act that likens the alleged actions of the VA and other defendants to “genocide,” violation of international treaties signed by the U.S. that cover humanitarian law, violation of the Americans with Disabilities Act, medical malpractice, and alleged libel and slander.
Rose named Roe in the lawsuit, but McDonough said after a teleconference earlier this week that the congressman did not have to appear at the hearing because his is not directly connected to the VA. Roe, chairman of the House Committee on Veterans’ Affairs and a medical doctor, called lawsuit allegations about him “frivolous” in a court document.
Rose told McDonough in court that the VA opioid policy affecting him and many others puts veterans in the same category as habitual drug users and is “unjustifiable.”
“They’re doing this the same way they did Agent Orange. They ignored it and denied it for 30 years,” Rose said.
He cited rising suicide rates among veterans and said federal figures for prescribed opioid overdoses are inflated, while the overdose rates for powerful drugs purchased on the street like heroin and fentanyl on the streets continue to rise.
The stricter VA policy is “a death sentence for people like me and (others),” Rose said.
“You have a power. You’re a federal judge,” Rose told McDonough. “You can save lives. The choice is yours.”
Rose was told in 2016 by a VA provider that his prescription for morphine would gradually “taper” and then be stopped.
Rose answered in the affirmative when asked by Saffles if he has seen a private physician since last year after obtaining insurance. He is prescribed some medication that helps his health conditions, but not at the level he received from the VA to mitigate constant pain.
Rose denied breaking a “pain contract” he signed with the VA in 2016, and challenged Saffles to produce proof that showed he did.
Rose obtained private insurance in July 2017.
“It took that long because I was thinking the VA had my best interests in mind. They did not,” he said.
The Marine veteran who suffered a debilitating service-related injury filed the lawsuit last year in U.S. District Court. It seeks a total of $350 million in damages from defendants that included employees of the Mountain Home Veterans’ Affairs Medical Center and Roe.
Rose, a former teacher who is now disabled, served in the Marine Corps from 1983 to 1994. He is now on 100 percent disability due to service-related injuries that affected his back, spine and legs and caused other complications that leave him in constant pain. He is also a diabetic and has other medical conditions.
Rose seeks personal damages of $100 million “for pain, suffering and extreme torment” since Nov. 1, 2016, “after being forced on pain medication taper on Oct. 15, 2016, as part of VA policies supported by (Roe),” the complaint said.
The civil rights violation lawsuit also asks for punitive damages of $250 million, with the amount to be placed in a trust to be used to provide free legal representation “to veterans and civilians being discriminated against by governmental agencies, medical and/or doctor offices and doctors to receive the best possible health care to include opioid-based medications for intractable pain” and education of doctors and the public of the need for opioids to treat certain conditions.
“...Rose seeks personal damages of $100 million “for pain, suffering and extreme torment...”
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This (lawsuit jackpot seeker) causes me to lose sympathy for this guy’s lawsuit.
I’d say Dr Redfield is very BIASED. Plus the fact his record may not be all that clean. If any one can dig up a contact for the CDC please post it, I tried calling my US Rep, they don’t have any contact for them, which I think is a Crock of BS. Redfield has to have a government email.
This is all I could find. 1600 Clifton Road Atlanta, GA 30329-4027 USA https://www.cdc.gov/about/leadership.htm
Top doctor of the CDC nearly lost his son to fentanyl, calls opioid addiction ‘the public health crisis of our time’
http://www.nydailynews.com/new-york/ny-dr-robert-redfield-jr-fentanyl-cdc-cocaine-crisis-20180717-story.html
Virologist Robert Redfield Named as Next CDC Director
https://www.scientificamerican.com/article/virologist-robert-redfield-named-as-next-cdc-director/
Robert Redfield, CDC director: Opioid epidemic worse than HIV
https://www.washingtontimes.com/news/2018/jul/8/robert-redfield-cdc-director-opioid-epidemic-worse/
New CDC chief Robert Redfield pledges to bring opioid epidemic ‘to its knees’
http://www.onlineathens.com/nationworld/20180329/new-cdc-chief-robert-redfield-pledges-to-bring-opioid-epidemic-to-its-knees
The CDC director’s deeply personal reason for fighting opioids: His son nearly died of an overdose
http://www.chicagotribune.com/lifestyles/health/ct-cdc-director-son-opioid-overdose-20180717-story.html
CDC chief makes $375K, far exceeding his predecessors’ pay
https://www.apnews.com/4ea52b1ff1b24142ac7d91541c3abc65/CDC-chief-makes-$375K,-far-exceeding-his-predecessors’-pay
CDC head
On the face of it, veteran virologist Robert Redfield seems like a good pick to lead the agency, but decades-old disputes are shadowing his appointment.
https://www.kff.org/news-summary/opinion-piece-argues-robert-redfield-not-fit-to-be-cdc-director/
The CDC’s New Chief Was Accused of Fudging HIV Vaccine Research in the Early 1990s
https://gizmodo.com/the-cdcs-new-chief-was-accused-of-fudging-hiv-vaccine-r-1824001869
AIDS Researcher Top Candidate to Lead the C.D.C.
https://www.nytimes.com/2018/03/17/health/cdc-robert-redfield-director.htm
Judge ought to hit him with some hefty sanctions for the frivolous claims. He reminds me of the old Montana Freedmen and the ROT crowd.
Wonder if his back and leg issues would improve if he dropped about 100 pounds.
Money is to be donated to helping other Veterans. Not personal gain. He just wants decent treatment by the VA.
“Vets & Civilians Fight Back” is a grassroots group dedicated to fighting the Veterans Administration continued denial of providing veterans, our nation’s heroes with quality health care. BUT it is also, for CIVILIANS in this battle against us by the CDC and DEA who are making so many lives miserable by asinine policies causing so much suffering for so many Chronic Pain Sufferers and their families! We have no plans to request donations only showing your support by joining our group and if you have the time to make phone calls and mail letters to the VA, CDC, DEA, your elected officials and as many news outlets as possible. For more information about what we are fighting for, please do your own Google search on all who are suffering from the lies and misinformation regarding the “opioid epidemic.” Thank you, take care and may God bless...
We defended your freedoms…
Will you support America in her time of need?
https://www.facebook.com/groups/vets.fight.back/
It’s the drug warriors dream come true: literally torture disabled people.
If they did this (withheld pain medications) with POWs, it would be a violation of the Geneva Conventions. Of course, it’s more important to make a statement than effectively treat people.
I pray every politician and bureaucrat involved in this charade gets a chronic illness and spends their lives in intractable, unending pain. Sadistic bastards every one.
THERE IS NO OPIOD CRISIS. ITS 100% FENTANYL, AND ITS NOT BEING PRESCRIBED THROUGH LEGAL MEANS.
They’re limiting post surgical mefor non veterans, also.
One of the efforts that the government instituted when managing healthcare was to have patients rate their doctors. Most patients lack the knowledge to appreciate the difficulty of medical or surgical practice and will formulate opinions on things like, how pretty the dressing looks or more correctly, on how much pain they felt.
In order to remain in the good graces of the medicare administrators most doctors recognized that pain relief resulted in happier patients. The rest, as they say, is history.
Now, the government will threaten your medical practice if you prescribe too much. Isn’t government involvement wonderful?
See. We have no more opioid crisis if the government says you cant have any more.
“Pain Contract”s are joke. I failed a mandatory P-test when on pain meds for my back surgery. Docs try to cancel pain meds because I was trying to slack off of the Ativan they have had me on forever and didnt have the proper amount in my precious bodily fluids. No mention of the hydrocodone they were handing me in 5 gallon buckets.
(All you Reefer Madness Freepers should just ignore this cause it will make your heads go splodey.) I have bucked Zohydro (time release hydro), hydrocodone apap, Cymbalta and Gabapentine in the last 3 months with the help of hemp seed CBD oil. I have one final (praying) nerve cauterization and I am looking to get some of my life back for the 1st time in over 15 years.
Carry on smartly.
He could probly exercise more if his legs and back didnt hurt so much.
I have RA. Waiting on my MEB and am trying to stay off everything. All the doctors have completely stopped prescribing opioids. They give me Tramadol, but it doesn’t work and I can’t do and OTCs due to other meds. I want to stay off everything as long as possible, but unless I die first, at some point, opioids will be the only efficacious option.
All these big drug warriors can come laugh at me then as my twisted, mangled body is wracked in pain and tell me how I just need to suck it up. In the meantime, maybe they can spend weekends at a cancer clinic railing at these evil people who got cancer just so they could get drugs.
THIS POLICY IS EVIL. TORTURE IS WRONG.
Political desk riding results in very very few pain inducing or injurious situations.
Tramadol is a synthetic opioid and another chemical very similar to Effexor. I was addicted to it with 7 different doctors from 4 different clinics telling me that it is non-addictive, (NO WAY YOU CAN BE ADDICTED TO IT!) for over 4 years before they would listen to me.
I've had both my hips replaced...the first one was nine years ago,the other one a few months ago.Both were done by a senior surgeon at Massachusetts General Hospital,considered by many to be the finest hospital in the world.
I was on a narcotic drip during both hospital says (2 nights each) and was sent home both times with 90 oxys.On both occasions I took the oxys for a few days at home and then turned to Motrin.I flushed the unused oxys down the toilet.
If physicians and surgeons are tightening up on prescribing narcotics the word hasn't reached Massachusetts General Hospital yet.
“””””””””Rose, a former teacher who is now disabled, served in the Marine Corps from 1983 to 1994. He is now on 100 percent disability due to service-related injuries that affected his back, spine and legs and caused other complications that leave him in constant pain. He is also a diabetic and has other medical conditions. “”””””””””””””””
He he needs to eat right and get in shape. Opioids won’t fix that. He also says he has his own health insurance. That means his private doctors won’t give him the crack either.
I took myself off Tramadol for that very reason. It’s very addictive, and it doesn’t work if you don’t take it to the point of addiction.
They wanted me to take it 6 times a day; every day. I tried to take it as needed, but it doesn’t do anything that way. Even so, it took me weeks to get clear of it when I went completely off. I was an insomniac and nervous as a whore in church.
I just find it ridiculous that they hand this crap out by the barrel, and yet natural opioids are vilified, despite having similar hazards. It’s all about the money. They’re just going to drive people to the streets. Most people have no concept of real chronic pain—thank God—but, they should have some compassion for those who do.
“It’s the drug warriors dream come true: literally torture disabled people.”
THIS ^^^ !
“THERE IS NO OPIOD CRISIS. ITS 100% FENTANYL, AND ITS NOT BEING PRESCRIBED THROUGH LEGAL MEANS.”
Aaaaaaaaaaannnd ^ THIS ^ !
This crack down on opioids is actually really starting to affect people who aren’t addicts!
My sister has had seven back surgeries throughout her life and she can barely walk (when she does walk, you can see the pain in her face with each step)! She also has RA and fibromyalgia.
About two months ago, on a Wednesday, her doctor gave her Tramadol, to replace the opioids, but they didn’t work. As instructed by her doctor, if she had any issues she should call his home-based office assistant to let the doc know (this was on Friday morning). HIS home-based office assistant asked if she still had some of her Tylenol-4’s, she said she did, and the assistant said just take those until you see the doctor. The assistant called her back on Friday afternoon with an appointment for Tuesday.
When she went in, the doctor took her off ALL meds, because she took the Tylenol-4’s, which he says that she shouldn’t have taken?!? The doctor told her that HE could get into trouble because she was taking Tylenol-4 AND Tramadol. She told him that she wasn’t taking the Tramadol, but he said they go by the prescriptions he writes, not whether or not the patient took the meds.
Well that is ignorant, because not everyone responds to medicines that same way, so sometimes the doctor HAS TO ISSUE several different drugs to find the right one! DUH!
She went almost two weeks in tear-inducing pain before her doctor gave her any replacement pain meds that actually worked! He kept trying to force her on the Tramadol, which simply does not work for her - PERIOD!
THIS IS A FORM OF TORTURE!
Me too. I know someone who found a doctor in another state who would prescribe very high doses of opioids when local doctors would only prescribe reasonable amounts. He would make the 8-hour drive up and 8-hour drive back occasionally to get the new prescriptions. He'd use what he needed and sell the rest.
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