#CVS STORE PULLS ALL OF ITS FOOD AFTER INSPECTION FOUND ‘CRITICAL DEFICIENCIES’

#CVS STORE PULLS ALL OF ITS FOOD AFTER INSPECTION FOUND ‘CRITICAL DEFICIENCIES’

CVS STORE PULLS ALL OF ITS FOOD AFTER INSPECTION FOUND ‘CRITICAL DEFICIENCIES’

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An empty beverage case at the CVS on 70th and West End Avenue.

The CVS on West End Avenue and 70th Street pulled all the food off of its shelves after state inspectors found “critical deficiencies” at the store. The racks and beverage cases have been completely bare since at least last Wednesday, shoppers said, and they’ve been getting mixed messages about what caused the change.

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An inspection notice posted near the front of the store indicates that inspectors found “critical deficiencies” on November 8. On the back of the notice, the inspector circled several issues, including “insect, rodent, bird or vermin activity likely to result in product contamination.”

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Click to enlarge.

An employee said the store had had an issue submitting paperwork on time and that the food would be back this week. A spokesperson for CVS did not respond to an emailed question.

Per DEA: doctors and pharmacists are liars

The politics of pain: Supply vs. demand

http://hawaiitribune-herald.com/news/local-news/politics-pain-supply-vs-demand

East Hawaii residents wait in agony for pain pills that, too often, they can’t get without extraordinary effort

Why?

The answer depends upon whom you ask.

Area physicians say their patients often get turned away at the counter because pharmacists don’t have enough pills on hand to fill even a single prescription.

Doctors and patients point fingers at the U.S. Drug Enforcement Agency, alleging the DEA puts limits on how many opioid pain pills a pharmacy can order each month.

But the DEA calls doctors and pharmacists liars. While, at the same time, a Hawaii legislator says part of the reason is drug addicts use up the supply of available pills before those who are truly in need can get to them. But he, too, says federal authorities limit supply.

Today, the Tribune-Herald lets those in the thick of the mess pass a metaphorical microphone around — to allow readers to decide, for themselves, what’s wrong.

When Teresa Keliikuli learned she’d need immediate surgery, she didn’t realize it would be tough to find pills, afterward, to treat her post-surgical pain.

Her prescription called for 40 pills.

She went to a store’s pharmacy “and they said, ‘we don’t have that many.’”

“They said their order came in ‘yesterday’ and they didn’t have any, and they were out within 48 hours,” she said.

Kirk Trombla, 58, of rural Pahoa, sits at the other end of the pain-control spectrum.

He takes feeble steps to navigate his walker even a couple of dozen feet — and then he must rest. His labored breaths come in wheezes between puffs on an inhaler.

Trombla suffers from what he emphasizes is genuine chronic pain and uses prescription opioids to dull it enough for journeys away from home. His doctor, he said, calls him “dependent” on opioids — not addicted. Without the pills, he said, he is unable to walk. He uses the pills to leave home, or if he has tasks to do.

Unfortunately, trips to the Hilo drugstore often turned into intolerably long journeys in which Trombla had to go from pharmacy to pharmacy to find one that had enough pills on hand to fill his prescription.

“I hate taking opioids,” Trombla said. “I hate it. I hate them. But I have to do it in order to be able to move around. If I don’t, I feel like I’m being impaled.”

Trombla was so frustrated that he organized a community meeting in Pahoa to see if the problem of un-fillable, but essential, pain prescriptions is as big as he believes.

About 10 people showed up.

Those who did said it was a small but good start, as a way to organize and fight for prescriptions they believe should be available, despite the growing trend of addictions to prescription opioids. They plan other meetings in the future.

For many years, the public and health providers got on a bandwagon that emphasized the importance of a patient’s right to adequate control of pain.

But the problem of addiction to prescription pain pills has become so widespread that push-back has occurred.

In September, the Associated Press published an investigation revealing that prescription-painkiller makers “have adopted a 50-state strategy that includes hundreds of lobbyists and millions in campaign contributions to help kill or weaken measures aimed at stemming the tide of prescription opioids, the drugs at the heart of the crisis that has cost 165,000 Americans their lives and pushed countless more to crippling addiction.”

That’s the double-edged sword of opioids.

For a small segment of society, such as hospice patients during the dying process, opioids can be one tool in the arsenal used to relieve torturous pain. Thus, the drug-makers’ efforts have made pain relief more available.

But people recovering after a car crash or back surgery risk addiction they might never have been susceptible to otherwise.

That’s something public-health experts want to avoid — and why they stand against the wind of the drug-makers’ campaign.

Trombla suffers chronic pain so severe that he feels like his hands “got slammed in a door repeatedly for the past two years, stung by 100 bees or stabbed over and over again.”

He’s been told his medical condition, which includes back and neck injuries, is terminal.

 His arms are thin, he is dwarfed by his father, Richard, and it’s unclear, when they walk side-by-side, who is older.

Richard serves as a family caregiver for his son, offering rides to appointments, opening doors and offering a steadying hand when needed.

Trombla believes the DEA limits how much opioid medicine a pharmacy can order.

“I don’t think people like me should have to worry about getting their medicine when they’re dying,” he said.

Dr. Lynn Puana, a partner at Puana Pain Clinic, said patients get frustrated because “pharmacies won’t carry the medications.”

And Dr. Josh Turner, a pain specialist at Hilo Pain Clinic and board-certified neurosurgeon, said that “pharmacies are limited as to how much they can get.” Sometimes patients, he said, “can go to eight or 10 pharmacies to get a script filled.”

Opioids are no longer at the tip of Dr. Liza Maniquis-Smigel’s prescription-pad pen for her patients.

“I used to prescribe,” she said, “except they’d come back and say, ‘My pharmacy doesn’t have it,’” noting her treatments are intended to eliminate the need for opioids.

Joining the fray is CVS Health, parent company of Hilo’s Longs Drugs pharmacy.

“Ensuring that patients with a legitimate medical need have access to pain-relief medication is part of Longs Drugs purpose of helping people on their path to better health. Regulatory controls may limit the availability of certain controlled substances,” Amy Lanctot, senior manager of public relations, told the Tribune-Herald via email.

But Drug Enforcement Agency headquarters spokeswoman Barbara Carreno took umbrage at the views of Puana, Turner, Maniquis-Smigel, Lanctot and Trombla.

“That is absolutely false … there’s no limit on what a pharmacy can buy from a distributor,” she said.

Distributors make business decisions about how much to make available. But, Carreno said, “they blame it on us.”

The DEA took action against two pharmacies in the early 2000s for selling more opioids than would be expected for the population they served, she said, noting they were selling to customers from other states. If a pharmacy sells more medication than a population would expect to need, the DEA will review what’s happening and double-check that prescriptions are indeed being filled “in the course of usual professional practice.”

But it doesn’t set limits, Carreno said.

“We’re not doctors. We’re cops. We don’t tell them how to practice medicine,” she said.

Professional medical societies determine what is appropriate medical care, not the DEA, she said. If a medical board suspends the license of a physician to practice medicine, the DEA will not allow that physician to have a federal registration to prescribe opioids.

The DEA Los Angeles Field Division, which oversees Hawaii, took the argument a step further and pointed the finger back at doctors and pharmacists.

“We know it happens, for a pharmacist, or even a doctor, or somebody who actually would write a prescription — to deflect responsibility,” said Field Division spokesman Tim Massino. “In order to limit their own liability, some individuals do deflect by erroneously informing the patient, or the individual seeking the medication, that the DEA is limiting supply … they may blatantly lie and indicate they are out of whatever the customer is seeking.”

DEA Diversion Program Manager Marlon Whitfield agreed, and said prescriptions written by a licensed health provider are not questioned, because “we’re not medical professionals, so we wouldn’t have any reason to doubt that.” He said the DEA has no power to limit what medicines a pharmacy can order or dispense.

Patients who “doctor shop” until they find one who will write a prescription, forgers of prescriptions and drug-seekers who go to a relative’s medicine cabinet to get opioids all contribute to the problem, he said.

State Sen. Josh Green, an emergency-room physician, though, makes the opposite argument from the DEA.

“The reason we have that problem,” he said, “pharmacies get capped by the federal government as a percentage or as a part of their workload or their inventory.”

But he also said, “there’s probably a little bit of truth on both sides. Physicians are also human, too. And physicians can get a little bit hesitant about big, high-dose prescriptions. When a doctor inherits a patient and the patient takes a high dose, I would not be surprised if everyone starts deflecting a little bit of responsibility.”

Some with prescriptions, who are drug-seekers, Green said, don’t need the medication and “are displacing those who really do.” But to add context, he said, about 4 percent of the world’s population lives in the United States — but the U.S. is responsible for using 80 percent of all narcotics.

In Europe, the typical pain medication used is Tylenol. In the U.S., the typical drug is hydrocodone, Oxycodone, Percocet or Vicodin, Green said.

Hiromi Saito, president of the Hawaii Pharmacists Association, said she could not speak on behalf of the association. But she said it’s best if patients, providers and pharmacists communicate to make sure each patient’s pain-management plan is followed.

“Then pharmacies would be able to work together and anticipate for those prescriptions, and monitor the plan to avoid the possible risks,” she said.

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Another chronic pain advocate JUMPING SHIP ?

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Below was left as a comment on this blog… IMO… just one more chronic pain advocate that is JUMPING SHIP …  At the current rate it will not be long before the only people posting on most/all of the internet media content will be those chronic painers whose primary action is to WHINE, BITCH, MOAN about how little pain therapy they are receiving and or how their prescriber is taking them entirely off their pain meds and telling them to take NSAID’s.  Sure SUICIDES are going to increase, but they can be categorized as just an “opiate related death” … case closed… and the DEA gets another “valid reason” why they need more funding to fight the war on drugs. There are rumors right now that President-elect Trump is considering Pam Bondi as AG/head of DOJ.. if he chooses her… the chronic pain community had better get their ass in gear to write every Senator about refusing to confirm her… IMO.. she will just bring the misery that she has caused in Florida to the chronic pain community – as AG – to the rest of the country.  Most advocates – such as myself – can only be a coach… an observer… a messenger… a counselor… those that are being directly affected by these changes , their spouses and families have to become the real PAIN WARRIORS…


First they came for the mentally ill addicts, and I did not speak out—
Because I was not a mentally ill addict.

Then they came for the empathetic prescribers, and I did not speak out—
Because I was not an empathetic prescriber.

Then they came for the Pharmacists, and I did not speak out—
Because I was not a Pharmacist.

Then they came for me—and there was no one left to speak for me


“My disappointment in the Chronic Pain Community deepens. The unwillingness to participate goes beyond the limits of being disheartening. We had one chance to organize and attack those who have openly labeled us as addicts and continually are taking our pain relief away, and we blew it. The plain and simple fact is that obviously the majority of the Chronic Pain Community put selfish political beliefs over their personal need for pain medications. I’m not talking about the presidency, I’m talking about the representitives in both houses of congress. Our one and only chance was to elect new people into congress and kick the incumbents out. You know, the ones that have been writing laws and passing bills to take all of our medications away. These congressmen and senators are the people who have been allowing the DEA and CDC to write guidelines and treat them as if they are law. Now, our choices are very limited and I’m absolutely positive that our medication access will start disappearing at an alarming rate.
You can write letters, make phone calls and even show up in person and these incumbent representitives will just blow you off. Why??? Because they have absolutely no fear of loosing their jobs. When Steve Ariens started the “VOTE THE BUMS OUT” campaign , I figured that by the response it got that the Pain Community was on board. Obviously I was wrong! It seems as though the majority of people in pain are totally satified to BITCH PISS AND MOAN about their meds being taken away. It would appear as if very few want to be a part of making the change we need. It seems as if most of you are concerned more about political party and religious beliefs more then you are concerned about your own health and wellness.
This will be my last post in these open pain groups on Facebook. I will keep my Leadership Counsil group page open for potential leaders. I will also continue to monitor and post useful information on this private page only. I will leave it up to Counsil members to share any information that I receive and post only to the Leadership Counsil page whether they want to share with open pain groups. But as far as me openly advocating for those of you who are obviously unwilling to help yourselves, I’m done! It’s time for me to be selfish and only think about myself and my pain, instead of continually putting my access to my pain medications in Jeopardy by openly advocating and being a voice for people who now appear to be satisfied with the way they are or have been treated. So, Bitch piss and moan all you want to. Talk about what you all think should be done and never do anything to get it done. Go ahead and play the victims who always use your pain as an excuse instead of using it as your driving force. Just keep refusing to use the weapons provided so you to fight back and then complain when you loose your pain relief. Trust me, I understand Steve’s frustration now.”

New Cannabis Pain Patch for Fibromyalgia and Diabetic Nerve Pain

New Cannabis Pain Patch for Fibromyalgia and Diabetic Nerve Pain

nationalpainreport.com/new-cannabis-pain-patch-for-fibromyalgia-and-diabetic-nerve-pain-8831899.html

A company specializing in cannabis-based medicines has developed two new medications for people with neuropathy diabetic nerve pain and fibromyalgia.

The new pharmaceutical medications will be in the form of a transdermal patch that is a medicated adhesive patch placed on the skin to deliver a specific dose of medication through the skin and into the bloodstream.

The company behind the patches, Cannabis Science, says the patches:

“Promote healing to an injured area of the body. An advantage of a transdermal drug delivery route over other types of medication delivery such as oral, topical, intravenous, intramuscular, etc. is that the patch provides a controlled release of the medication into the patient, usually through either a porous membrane covering a reservoir of medication or through body heat melting thin layers of medication embedded in the adhesive which will be containing high potency cannabinoid (CBD) extract that slowly enters into the bloodstream and then penetrates the central nervous system of the patient delivering the pain relief sought.”

 

Cannabis Science’s CEO Mr. Raymond C. Dabney says, “The development of these two new pharmaceutical medicinal applications are just the tip of the iceberg for what we see as the future for Cannabis Science. While we strive to increase our land capacity for growth and facilities to produce our own product to supply our scientists with proprietary materials to make these formulations, we are also busy researching more potential needs for Cannabis related medical applications and developing the methods for delivery of these medications.”

CBD is the second major cannabinoid in marijuana after THC.  It has anti-inflammatory and pain-relieving properties, but without the psychoactive effects THC brings.

“As more states nationwide legislate for the legalization of cannabis and cannabis-derived medications, we here at Cannabis Science are focused on developing pharmaceutical formulations and applications to supply the huge growing demand expected over the coming few years,” concludes, Mr. Dabney.

Fibromyalgia is estimated to affect 2%-8% of the population, while females are about twice as likely to suffer from the condition.  People with fibromyalgia experience chronic widespread pain and a heightened pain response to pressure.

Peripheral neuropathy (PN) is damage to, or disease affecting nerves, which may impair sensation, movement, gland or organ function, or other aspects of health, depending on the type of nerves affected.

Indiscriminate reduction in opiate prescribing the PMP’s goal ?

PMP helps one state reduce painkiller Rxs

http://drugtopics.modernmedicine.com/drug-topics/news/pmp-helps-one-state-reduce-painkiller-rxs

State officials in Wisconsin are crediting their prescription drug monitoring program (PMP) with helping reduce the amount of painkiller prescriptions written by prescribers and dispensed by pharmacists.

Editor’s Choice: More than 40% of physicians not using Rx monitoring sites

Courtesy ShutterstockAcross the country, states have created PMPs to reduce the number of highly addictive painkiller prescriptions written by prescribers and dispensed by pharmacists. The PMPs are designed to thwart patients who fraudulently obtain prescriptions from multiple sources. However, in states where use of PMPs is not mandated, many prescribers don’t regularly check them before prescribing painkillers.

According to the Wisconsin’s Controlled Substances Board (CSB), the amount of monitored prescription drugs dispensed throughout the state between July 2016 and October 2016 was significantly less than during the same period in 2015.

“The number of dispensed prescriptions for a monitored prescription drug this quarter is approximately 6% less than the same quarter in 2015,” a CSB report stated. “Similarly, the number of dispensed doses for a monitored prescription drug is approximately 7% less than the same period in 2015.”

Doug Englebert, chair of the state’s CSB, said he expects the decline in painkiller prescriptions written in Wisconsin to continue. “The Controlled Substance Board expects the report to continue to improve, especially as we move to the new enhanced [PMP] and have greater functionality for reporting,” Englebert wrote in a letter accompanying the release of the quarterly report.

Wisconsin’s PMP started in 2013. It contains more than 40 million prescription records from more than 2,000 prescribers and pharmacies. On average, healthcare workers in the state such as prescribers and pharmacists perform approximately 4,500 PMP checks each day.

The CSB report also revealed that numerous so-called “doctor shoppers” were flagged by PMP queries. Between July 2016 and October 2016, 368 people obtained five or more prescriptions for monitored drugs and obtained those drugs from five or more pharmacies. Two individuals obtained prescriptions from 16 different prescribers. One person received painkillers from 12 different pharmacies.

The CSB also reported that it suspended the PMP access of two pharmacists due to suspected improper use of the system. “[CSB] referred two pharmacists to the Pharmacy Examining Board for possible investigation and disciplinary action,” the report stated.

134,000 children died from the disease in 2015.. a few more than the handful that may have died from Kratom

Despite progress, measles kills 400 children a day: WHO

http://www.reuters.com/article/us-health-measles-who-idUSKBN1352B7

The number of deaths from measles has fallen by 79 percent worldwide since 2000, thanks mainly to mass vaccination campaigns, but nearly 400 children still die from the disease every day, global health experts said on Thursday.

In a report on global efforts to “make measles history”, the United Nations children’s fund, the World Health Organization and other bodies said fight was being hampered not by a lack of tools or knowledge, but a lack of political will to get every child immunized against the highly infectious disease.

“Without this commitment, children will continue to die from a disease that is easy and cheap to prevent,” said Robin Nandy, UNICEF’s head of immunization.

Mass measles vaccination campaigns and a global increase in routine vaccine coverage saved an estimated 20.3 million young lives between 2000 and 2015, the report said.

But coverage is patchy, and in some countries the majority of children are not vaccinated. In 2015, around 20 million babies missed their measles shots and an estimated 134,000 children died from the disease.

The Democratic Republic of the Congo, Ethiopia, India, Indonesia, Nigeria and Pakistan account for half of the unvaccinated babies and 75 percent of the measles deaths.

Measles is a highly contagious virus that spreads through direct contact and through the air. It is one of the biggest killers of children worldwide, but can be prevented with two doses of a widely available and inexpensive vaccine.

According to the report, published by UNICEF, the WHO, the GAVI vaccines alliance and the U.S. Centers for Disease Control and Prevention, outbreaks of measles in various countries – caused by gaps in immunization – are still a major problem.

Seth Berkley, GAVI’s chief executive, urged governments to recognize the threat of “one of the world’s most deadly vaccine-preventable childhood killers” and act to contain it.

“We need strong commitments from countries and partners to boost routine immunization coverage and to strengthen surveillance systems,” he said.

In 2015, large outbreaks were reported in Egypt, Ethiopia, Germany, Kyrgyzstan and Mongolia, the report said. The epidemics in Germany and Mongolia affected older people, highlighting the need to vaccinate young adults who missed out on measles jabs.

Measles also tends to flare up during conflicts or humanitarian emergencies when vaccination schedules are disrupted. Last year, outbreaks were reported in Nigeria, Somalia and South Sudan.

 

Trump Posts Preliminary Plan to Repeal ACA

Trump Posts Preliminary Plan to Repeal ACA

http://www.medscape.com/viewarticle/871816?nlid=110628_3901&

Reiterating what he said on the campaign trail, in a new post on his ‘Great Again’ website, President-elect Donald J. Trump said he will work with Congress to repeal the Affordable Care Act (ACA), replace it with a solution that includes health savings accounts, and return the role of regulating health insurance to the states.

“It is clear to any objective observer that the ACA, which has resulted in rapidly rising premiums and deductibles, narrow networks, and health insurance, has not been a success,” according to a November 10 post on the president-elect’s “Great Again” website.

The goal of the Trump Administration will be to create a patient-centered healthcare system that promotes choice, quality, and affordability with health insurance and healthcare and that takes any action needed to alleviate the burdens imposed on American families and businesses by the law, the document says.

“To maximize choice and create a dynamic market for health insurance,” the Trump Administration plans to work with Congress to allow Americans to purchase insurance across state lines. The Administration also will work with both Congress and the states to reestablish high-risk pools, which President-elect Trump says is a “proven approach to ensuring access to health insurance coverage for individuals who have significant medical expenses and who have not maintained continuous coverage.”

The problems with the US healthcare system did not begin with and will not end with the repeal of the ACA, the document states. Therefore, with the help of Congress and by working with the states, the Trump Administration pledges to do the following:

  • Protect individual conscience in healthcare;
  • Protect innocent human life from conception to natural death, including the most defenceless and those Americans with disabilities;
  • Advance research and development in healthcare;
  • Reform the Food and Drug Administration so as to put greater focus on the need of patients for new and innovative medical products;
  • Modernize Medicare so that it will be ready for the challenges posed by the coming retirement of the Baby Boom generation;
  • Maximize flexibility for states in administering Medicaid to enable states to experiment with innovative methods to deliver healthcare to low-income citizens.

Failure to STAND UP !

Failure to stand up

desertedislandAs one of my readers stated in a comment:

“I so wish I could gather all the pain community together to become one united front but how is that done exactly? Especially when there are so many little groups and a few really big organizations that refuse to work together due to their own agenda.”

It has been stated that per our legal system “the value of the life” of a person who is handicapped/disabled, elderly, unemployable.. has little value and thus an attorney will not take on any legal action on a contingency basis because there is little/no financial upside for the attorney

The DEA/DOJ, FDA, CDC are using existing laws and creating “new interpretations” of those laws to change the original intent of the law… to suit the agenda of the specific agency. IMO, until someone challenges the constitutionality of these new interpretations… they will remain on the books and enforced.

There may be some hope with the new Trump administration will take some actions on violations of the Americans with Disability Act. It really can’t be any worse than what has NOT HAPPENED under the Obama Administration.

Could it be that many personal injury attorneys have not considered the possibility of filing claims on:

In a personal injury or wrongful death case, the family members of the injured person — spouse/partner, children and parents — can file a lawsuit for their own loss. A interesting concept

The state limits for such lawsuits is $300,000 – $400,000.  Apparently a lot more than the limits for medical malpractice and the “value” of the life of a handicapped/disabled, elderly, unemployable and could be financially advantageous for a law firm.  If a couple of these cases are successful.. personal injury attorneys would start “circling” …

Likewise, a healthcare professional that denies, reduces a pt’s opiate therapy that is allowing them to keep a job … causing the pt to lose their job.. that is MEASURABLE DAMAGES…  again.. personal injury attorneys should be very interested in such cases.

The way that change is going to happen for those in the chronic pain community may be more of “one step at a time” and waiting for some sort of MASSIVE UNITY ACTION… does not seem to be a near term reality.

 

 

Florida Supreme Court allows husband’s lawsuit against doctor after wife’s suicide

Florida Supreme Court allows husband’s lawsuit against doctor after wife’s suicide

http://flarecord.com/stories/511041274-florida-supreme-court-allows-husband-s-lawsuit-against-doctor-after-wife-s-suicide

TALLAHASSEE, FLORIDA – The Florida Supreme Court ruled on Aug. 25 that a Sarasota man, Robert Granicz, may pursue his medical malpractice lawsuit against his late wife’s primary care physician, Dr. Joseph Chirillo, for her 2008 suicide, reported Medscape Medical News in an Aug. 26 article.

“Although the inpatient duty to prevent suicide does not apply here, there still existed a statutory duty … to treat the decedent in accordance with the standard of care,” Justice Patty Quince said in writing the court’s opinion.

Justices unanimously ruled that the case should go to trial, upholding a 2014 decision by the Second District Court of Appeal.

The summary judgement in favor of Chirillo was granted by the First District Court of Appeal, but the decision was later reversed by the Second District Court of Appeal that ruled in favor of Granicz. The Florida Supreme Court ultimately ruled to confirm the decision of the Second District that the case should proceed to trial.

Debra Pinals, M.D., director of the Program in Psychiatry, Law and Ethics at the University of Michigan in Ann Arbor, told Medscape Medical News that malpractice cases involving suicides are not new, but they can have a chilling effect on those who treat people with depression.

“Suicide as a cause of action for malpractice is one of the common reasons that physicians are sued,” she said. “The standard of care related to suicide is something that malpractice cases have been hinging on.”

According to court records, Jacqueline Granicz started taking the antidepressant venlafaxine (Effexor, Pfizer) in 2005, but stopped taking it in 2008.

The records say she called Chirillo’s office the day before she died and told his medical assistant that she had stopped taking the drug because she thought it was causing side effects such as poor sleep and mental strain, and also causing her to cry easily and have gastrointestinal distress. She said she had not “felt right” since late June or July.

After reading the assistant’s note, Chirillo changed her prescription from venlafaxine to a different antidepressant, escitalopram (Lexapro, Forest Laboratories). He didn’t schedule an appointment, but said she could pick up a sample of the drug and a prescription at his office.

Jacqueline Granicz picked up those items that day, but hanged herself the following day.

“The decedent in this case was an outpatient of Dr. Chirillo’s. Therefore, under Florida law, there was no duty to prevent her suicide,” the ruling said. “However, the nonexistence of one specific type of duty does not mean that Dr. Chirillo owed the decedent no duty at all. … Although the inpatient duty to prevent suicide does not apply here, there still existed a statutory duty … to treat the decedent in accordance with the standard of care. We find that the Second District (Court of Appeal) properly evaluated the … case based on the statutory duty owed to the decedent and also properly classified the foreseeability of the decedent’s suicide as a matter of fact for the jury to decide in determining proximate cause.”

Justices Charles Canady and Ricky Polston agreed with the result, but did not sign on to the opinion, which sent the case back to circuit court with instructions to move forward with a trial.

According to court documents, allegations of breach of duty included failing to recognize she was experiencing a change in symptoms, was depressed and was seeking medical intervention. They were also concerned that Chirillo didn’t speak with her directly and that he didn’t refer her to a clinician trained in management of depression. They also said he failed to properly evaluate escitalopram, an antidepressant known to cause suicidal tendencies in some patients.

“Dr. Chirillo owed no duty to prevent the defendant from committing an unforeseeable suicide while she was not in his control,” the doctor’s medical group said.

Although the American Psychiatric Association declined comment, there are individual doctor’s opinions that address concerns for the court’s decision.

“There’s a fine line between how you balance the standard of care with people’s free will on an outpatient basis,” Carolyn Stimel, Ph.D., executive director of the Florida Psychological Association, said in an interview with Medscape Medical News. “Presumably, if this person had been in therapy there would have been somebody monitoring what was going on with their mental state and also dealing with the issue that she had stopped taking her medications.”

She said doctors have a legitimate question in asking what one can do when a patient won’t take medications.

“Ultimately you can’t shove pills down someone’s throat,” Dr. Stimel said. “The thought of doctors being responsible for whether patients kill themselves or not — that’s pretty chilling.”

 

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