Why attorneys won’t sue over denial of care regarding chronic pain pts

Judge Allows Lawsuit Claiming Starbucks Underfills Lattes

www.nytimes.com/2016/06/22/business/judge-allows-lawsuit-claiming-starbucks-underfills-lattes.html

The plaintiffs, Siera Strumlauf and Benjamin Robles, contended in a class-action complaint filed in March that the popular drinks were underfilled by about 25 percent of their advertised sizes: 12, 16 and 20 ounces.

We all see the law firm Morgan & Morgan https://www.forthepeople.com/  “Personal Injury Lawyers For The People” and all kinds of personal injury firms promoting phone numbers like 1-800 -BADDRUG

I can’t count the number of chronic pain people that had stated that they have contacted these and other law firms and all have come away with a “NOT INTERESTED”.  Even the ACLU seems to have taken “can’t touch take” opinion…

Can’t really sue the government because they are protected by sovereign immunity…. besides the Dept of Justice (DOJ) have “hot and cold” running attorneys who get paid to fend off any such attempts.

All of these personal injury attorneys are basically suing a individual, their insurance company and/or a business. The war on drugs/pts is whole different animal.. Suing anyone concerning the war on drugs.. individual pharmacy, chain pharmacy, drug wholesaler, insurance company could eventually undermine the war on drugs itself.

The war on drugs is the “golden goose” of the judicial system… Right now Congress is 43 % attorneys and that would suggest that back in 1914 when the Harrison Narcotic Act was passed – the numbers would be similar – that created the “black drug market” and the genesis of the war on drugs. Then in 1917 our court system (attorneys) declared that being addicted to opiates was a CRIME and NOT A DISEASE…

In 1970 Congress officially declared the war on drugs with the passage of the Controlled Substance Act that created the BNDD (Bureau of Narcotics and Dangerous Drugs) which started the scheduling of some substances… a few years later the BNDD evolved into the DEA.

Since 1970 it is has been stated that we have spent 1.5 TRILLION fighting the war on drugs and continue to spend 51 billion/yr. All that money is spread out over our entire judicial system.. from the local cop, local prosecutors/defense attorneys, judges/court system all the way up thru the state level judicial system and Federal judicial system.  51 billion dollars covers a lot of paychecks… including private for -profit prison system like corrections corporation of america (www.cca.com). that lobby for longer prison sentences for non-violent drug offenders and we have the highest per-cent of our population incarcerated than any other civilized country.

The legal profession is sort of like one big fraternity or “good ole boys club”… so if one of them started suing any entity that is involved in the distribution of controlled meds ( prescribers, pharmacies, drug wholesalers) could cause some damage to the very existence of the war on drugs.. and could do financial harm to those other attorneys and entities that depend on that 51 billion “war on drugs dollars” to support their quality of life..

Sharks generally don’t attack other sharks….bullies don’t attack other bullies… For an attorney to sue on behalf of a pt’s denial of care could be considered by those within the legal profession as an attack on the JUDICIAL SYSTEM. Could we see the judicial system circle the wagons and ostracized an attorney that dared to challenge and/or disrupt the status quo. Could be considered a professional traitor or labeled as a leopard  ?

Law colleges/universities are graduating 40% more attorneys than there is a need in the market place.. There mjust be a lot of “protectionism ” in place in trying to maintain the status quo within the legal/judicial system

With 43 % of the current Congress being attorneys ( 170 House/60 Senate).. maybe it is more obvious why Congress is catatonic in doing anything about how the war on drugs that has turned into a massive denial of pt care.

7 Responses

  1. I tried to sue the doc who hurt me it was a white wall of silence. it is true they stick together and it is including the politicians. Some probably want to help, but are being shut down for the reason of being you are a politician and even though we think different about many things, the opioids are off limits it is the biggest fight stand together or be damned.

  2. I guess I’m hoping for the ACLU or maybe someone like them will take this on ?

    • aclu WILL NOT HELP KENTUCKY.. civil rights is a foreign language in Kentucky, This is where the money is made, working poor, women , children paying the price. The politicians have gotten their raises while the working poor reach a new level of poverty. A disgrace in Kentucky.

  3. Steve, I don’t understand. If we are supposed to file complaints and can sue over ada civil rights violation if can’t get meds and are disabled, and we are supposed to have pt rights, and there was a post here about a possible class action being considered and letters collected, then how can this be so also? Can you please separate opinion, fact, fiction for me???
    Thank you, Glenna
    glennakatz@yahoo.com

    • The ADA is enforced by the DOJ.. the DEA is part of the DOJ… attorneys are not going to sue attorneys… attorneys within the DOJ are not going to “go after” the DEA for violation of the ADA.. it is like “eating your own”… The legal profession sue individuals, corporations, insurance companies… attorneys on both side and the judicial system in the middle of the lawsuit .. all GET FED… During this administration.. the only action that I have seen from the DOJ about ADA violations involves members of the LGBT community and/or those who are HIV + or have AIDS. When it comes to the ADA violations… this administration has been very selective in who they go after.. there was recently a pain clinic in South Bend that was fined $30,000 for refusing to treat a chronic pain pt… not because of denial of care because of their chronic pain.. but.. because the pt was HIV +. The three major drug wholesaler are rationing what a pharmacy can purchase of controls… all of them started doing this about the same time.. the wholesalers state they are conforming to DEA mandates and the DEA denies… but IMO… we are talking about collusion and restriction of interstate commercial trade.. that rationing is a violation of Sherman Antitrust provision (tying commerce)… DOJ has no interest in pursing this violation… because the DEA is the source of this violation. When the entities that are charged with enforcing laws are the same entities that are violating the same laws… justice for all is FAILING…

      • I was just encouraged by ideas that something could be done and this is discouraging in that any attempt will be in vein other than voting, which I absolutely will at all levels, and writing letters and emails. Thank you for the quick reply. Failing, yes… feeling helpless.

    • Civil rights complaints are a totally different legal animal from suing for “damages” or physical harm. So it is possible to still file a civil rights complaint, and the Civil Rights Lawyers in DOJ OR HHS may still take it seriously. Steve and the article are right that it is virtually impossible to find a lawyer who will act on behalf of pain patients. They cannot make any big bucks wins in this system. Plus I have seen pro patient lawyers sanctioned for “winning” too many patient cases.

      Glenna, if you feel your civil rights have been violated, file a complaint with the Office of Civil RIghts in the Dept of Health and Human Services. They have been tasked with reviewing all such complaints.

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