Family members search for answers after suicide at beachside rehab house

Family members search for answers after suicide at beachside rehab house

  Tod Abrams’ last act, in a life that included a once-thriving career as a Hollywood film executive and fathering a son whom he said he adored, was to tie a pair of bathrobe cords together, loop them around his neck and fix a knot below his left ear. Then he hanged himself from a metal rod in a closet.
“The anguish, anxiety and nightmares were unbearable,” the 52-year-old Abrams had written in a note to his family. Police found it on a dresser in his room on Aug. 30 last year, after he had been dead for a few hours. It was only a month after he had sought help with his addiction to Xanax, a sedative used to treat anxiety, at a $60,000-a-month residential facility run by Caron Treatment Centers in an upscale oceanside neighborhood in Delray Beach.
    “I haven’t slept in 4 days and I’m probably beginning to hallucinate,” his note went on. “The people here were very kind but the program was too rigorous, too difficult. I’m too fatigued to proceed on. I don’t have the strength.”
With his death, Abrams joined the hundreds — perhaps thousands — of people suffering from substance use disorders who in recent years have succumbed to their disease in Florida. In Palm Beach County alone, at least 377 people died last year from drug overdoses, according to Pamela Cavender, the records custodian for the county’s medical examiner, citing statistics that are still being assembled. The problem, Cavender said, is “out of control.”
While the level of commitment to battling drug abuse varies widely, the success rate of treatment is exemplified not only by the almost ceaseless procession of deaths — whether by overdose, suicide or other means — but by the parade of addicts going in and out of rehabilitation centers and so-called sober homes in Delray Beach and other towns in South Florida.
Distraught addicts who announce their intention to kill themselves are routinely taken for evaluation to the South County Mental Health Center and other institutions under the terms of the Baker Act, which provides for involuntary commitment of people deemed a danger to themselves or others.
“Any time a kid says, ‘I’m going to kill myself,’ he gets Baker Acted,” said a Delray Beach firefighter-paramedic who asked not to be named and who has often transported such patients. “We’re doing 10 of those a week.”
In the wake of Abrams’ death, his younger sister, Jill, and other relatives have been left to wonder why no such action was taken in his case, especially since he took part in regular counseling sessions at the Caron facility and, according to his family, often discussed his state of mind with anyone who would listen. It remains unclear whether he actually brought up the subject of suicide while at Caron, and officials of its parent organization declined to comment on his time there.
Still, two days before her brother left for Delray Beach, Jill Abrams said, he told her he wanted to end it all. “ ‘The meds tell me to kill myself,’ ” she recalled him saying, and described him as “panicking and bouncing off the walls, crying hysterically.”
“We all knew as a family that my brother was suicidal,” she said, and asked why it might not have been equally apparent to the caregivers at Caron. “He was there to be weaned off drugs, but I assumed that in all these counseling sessions they were also going to deal with his suicidal feelings.”
Six months before he died, however, Abrams suggested in a blog that he had come to terms with ending his addiction to Xanax, which he said he had begun taking only to help him sleep.
“I am truly heartbroken today as I have to break up with the great love of my life,” he wrote. “I love Xanax. Of course my doctor never told me that Xanax is highly addictive.”
He wrote that, as with heroin, a Xanax addict cannot simply go “cold turkey”: suddenly and completely ceasing the use of a drug. Such a shock, he went on, would result in full “meltdown” and leave him “blubbering and incoherent.”
Abrams, who had held executive positions at New Line Cinema and Fine Line Features, founded Alternative Marketing Solutions, produced several independent films and accumulated considerable wealth, asked his blog readers to pray for him, “for I have lost the greatest love I have ever known and his name is Xanax, Xanax, Xanax.”
Before traveling last summer from his home in Los Angeles to Delray Beach, Abrams had tried to detoxify for eight days in Long Beach, Calif., but his effort foundered and he went back to taking the drug, according to a family member. After he had arrived at Caron’s residence at 1232 Seaspray Ave., the task was to wean him off his dependence on Xanax and transition him to lesser narcotics.
But things apparently began to go wrong very quickly. On Aug. 16, after having been there only two weeks, Abrams wrote in his journal that he had already attempted suicide and “was quite serious about killing myself.” He went on: “I planned to hang myself and nearly completed the task.”
The following day, his caretakers diagnosed him with bipolar disorder and schizophrenia and put him on Zyprexa, an antipsychotic medication. According to his medical records, Abrams also had been prescribed Zofran, to combat toxic side effects that were making him vomit; Inderal, which is used to treat tremors, chest pain and high blood pressure; and Xopenex, which addresses lung problems such as asthma and chronic obstructive pulmonary disease.

    Paradoxically, his sister said, Abrams appears to have been on more medications at the end of his month at Caron than when he arrived.
    Abrams’ relatives and friends remain perplexed as to whether his caretakers were fully aware of the depth of his despair.
    Did no one at Caron — which claims on its website to have attendants on duty around the clock — learn that Abrams continued to have severe anxiety and insomnia, and that when he did manage to sleep he had raging nightmares?
    Two days before he died, Abrams was reported to have been vomiting profusely. Why was he not taken to an emergency room, especially since he was so ill that someone at Caron canceled a visit by Abrams’ father?
    Why was he allowed to have belts, the kind of item often used in suicides?
    Why would a rehab facility take Abrams and a few other patients out to see a violent film like Straight Outta Compton on what turned out to be Abrams’ penultimate night alive?
    After Abrams’ death, his toxicology report showed a significant amount of caffeine in his system. Why was he allowed to consume coffee or caffeinated drinks, especially since the mix of caffeine and powerful drugs might have been contributing to his chronic sleeplessness?
    Those questions and others were posed to Karen Pasternack, a spokeswoman for Caron, which sent two grief counselors to the home of Abrams’ mother after his death.
    In an email message to The Coastal Star, Pasternack declined to address any issues related to Abrams or his care.
“The law and Caron’s own high ethical standards forbid our employees from discussing even the smallest of details about any patient, including confirming the identity of current or former patients,” wrote Pasternack, who said she represented the views of Bradley F. Sorte, the executive director of Caron’s facilities in Delray and Boca Raton, which are licensed by Florida’s Department of Children and Families to provide rehabilitation services.
    “We will never violate federal or state laws or breach our patients’ sacred trust,” she went on. “We can proudly state that many Caron alumni, who have returned to their communities in Florida, Pennsylvania and elsewhere, know firsthand the strength of our programs. Caron fully complies with the law and adheres to the highest medical and psychological best practices with a focused commitment to transforming the lives of individuals and families impacted by addiction.”
    Some years before Abrams’ death, a doctor in Beverly Hills, Calif., began prescribing a daily dose of Xanax to help fight his insomnia, according to Jill Abrams, who spoke from her home in Los Angeles. She said her brother was not told that the drug could have a permanent and negative effect on the chemistry of his brain.
    When she spoke with her brother by phone about halfway through his stay in Delray Beach, he told her he “wanted to run away” from the residence, and that he had been going for 10-mile walks on the beach almost every day.
    “That was not a good thing, because he was already so thin,” Jill Abrams said of her 5-foot, 8-inch-tall brother, who weighed 127 pounds when he died. “I can’t understand why he had such freedom. I thought it was a lock-down facility. In the rehab places in California, the patients don’t walk off on their own. They really watch them.”
    In any case, she said, the death of her brother has left her not only deeply saddened but remorseful. “I feel incredible guilt,” she said, “for not hospitalizing him here in Los Angeles when he told me he was suicidal.”
    In a blog, Jill Abrams wrote about the drug that bore perhaps more direct responsibility for her brother’s demise. “I am left feeling that we need to understand why this insidious drug is as prevalently over-prescribed as it is,” she wrote. “In rehab, Tod began working on his ideas for a foundation to educate and lobby for more transparency with prescription drugs like Xanax. Let my brother’s unexpected death put a spotlight on this dire epidemic in America.”
    After Tod Abrams’ suicide, criticism of his treatment at Caron prompted a defense of the company by John Lehman, president of the Florida Association of Recovery Residences, which seeks to improve industry standards.
    “I remain confident that this particular organization strives to serve their clients with the highest level of professionalism,” he wrote in an email, referring to Caron. “In point of fact, were the remainder of the Florida provider group as committed to delivery of quality services, there would be significantly less demand for oversight.”
    Lehman — who dismissed as “absurd” the persistent allegations from Delray Beach residents that recovering and relapsed addicts had committed crimes and caused other problems in their neighborhoods — extended his condolences to the Abrams family.
“As is evidenced by this tragic story, a highly accomplished, creative and well-respected artist lost his battle to an insidious brain disease that robbed him of hope,” Lehman said. “May he rest in peace.”

 

“This is really the first time CDC has waded into the water of giving prescribers advice on how to practice medicine,”

Centers for Disease Control releases controversial opioid guidelines

http://www.kmtv.com/news/national/centers-for-disease-control-releases-controversial-opioid-guidelines

AURORA, Colo. — The Centers for Disease Control released new guidelines for opioid prescriptions Tuesday in an effort to fight the disturbing trend of abuse and prescription drug deaths.

The move is a first in the medical world, with the CDC telling doctors to stop writing opioid prescriptions for patients, when possible. The new recommendation is “start low, go slow.”

It’s no secret opioids, such as Oxycontin and Vicodin are highly addictive. But, the CDC seems to think even doctors need a reminder.

“This is really the first time CDC has waded into the water of giving prescribers advice on how to practice medicine,” said Robert Valuck, PhD, RPh, a professor at the University of Colorado Skaggs School of Pharmacy and Pharmaceutical Sciences. “So, that’s very controversial.”

Primary care physicians prescribe almost half of all opiates. There is no legal obligation for them to follow the new recommendation.
       
“They are not laws and they are not regulations, so doctors don’t have to do it,” said Valuck. “But, the guidelines kind of become standard of practice.”

Valuck, who coordinates the Colorado Consortium and has testified in front of Congress about prescription drugs, says he agrees that opiates are only safe to take for a few days before patients can develop an addiction.

Right now, forty Americans die from opioid overdoses every day, and nearly two million people abuse the drugs or are dependent on them.

 

 

Valuck says opioids are not effective for all pain, and patients who are prescribed them should not expect pain to go away entirely. He advises the public to ask doctors about alternatives before filling an opioid prescription.

There are some exceptions in the new CDC guidelines, mainly for cancer treatments and end-of-life care.

One year after the Obama Administration came to power.. interpretation of the law(s) changed ?

Why are federal Inspectors General not allowed to do their job?

http://weartv.com/news/nation-world/why-are-federal-inspectors-general-not-allowed-to-do-their-job

When DEA agents last year were accused of having sex parties with prostitutes paid for by drug cartels, an investigation by the Inspectors General of the Department of Justice was immediately launched.

In their concluding report, they noted getting access to information was met with repeated delays and difficulties.

Michael Horwitz was the author of that report and says it was just one on a long list of examples of IGs being told they can’t get the documents or resources they need.

Michael Horwitz, Inspector General, Dept. of Justice said, “Up until 2010 the law was quite clear and everyone operated under the law which was that we get, as IGs, access to all information.”

Here’s the thing – the law never changed – just the interpretation of it starting in about 2010.

He says IGs for dozens of other agencies noticed as well and called for action in a letter signed by 68 of them.

“These decisions are being made by agency counsel to limit our access in a way that’s not transparent and not accountable.”

Kristine: it seems that’s not the way the system was set up

Michael: well it can’t be how the system was set up. If you need to go to the folks that you’re overseeing to ask permission to get access to records about potentially very serious misconduct there is always the potential that we don’t get all the records we need and of course we don’t know what we don’t know”

There is bipartisan legislation on cap hill right now to try to fix this problem, spelling out that access to all information means all information. So far that bill is stalled in both the House and the Senate.

We’ve come out a little strong at this point in time about the risks of NSAIDs in older people

 INSERT DESCRIPTIONExperts Warn Against Long-Term Use of Common Pain Pills

http://newoldage.blogs.nytimes.com/2009/05/06/experts-warn-against-long-term-use-of-common-pain-pills/?_r=1

Aspirin and ibuprofen are staples in just about every medicine chest and first aid kit. They’re sold over the counter, and they’re not expensive. Most people don’t think twice about taking them.

But they should — especially if they’re elderly.

Last week, an expert panel of American Geriatrics Society pretty much bumped all non-steroidal anti-inflammatory drugs, or NSAIDs, off the list of medicines recommended for adults ages 75 and older with chronic, persistent pain. Long-term use of drugs like ibuprofen, naproxen and high-dose aspirin is so dangerous, the panelists said, that elderly people who can’t get relief from alternatives like acetaminophen may be better off taking opiates, like codeine or even morphine.

All this despite the fact that NSAIDs are known to be effective for chronic pain conditions that often plague older adults — and despite the fact that opiates can be addictive.

“We’ve come out a little strong at this point in time about the risks of NSAIDs in older people,” said Dr. Bruce Ferrell, chair of the panel that made the recommendations and a professor of geriatrics at the University of California, Los Angeles. “We hate to throw the baby out with the bathwater — they do work for some people — but it is fairly high risk when these drugs are given in moderate to high doses, especially if given over time.”

“It looks like patients would be safer on these opioids than on high doses of NSAIDs for long periods of time,” he said, adding that for most elderly, the risk of addiction appears to be low. “You don’t see people in this age group stealing a car to get their next dose.”

The risks from chronic use of NSAIDs are myriad. They can cause life-threatening ulcers and gastrointestinal bleeding, a side effect that occurs more frequently and with greater severity as people age. Some NSAIDs may increase the risk for heart attacks or strokes, and they don’t interact well with drugs used to treat heart failure. They can make high blood pressure worse, even uncontrollable, and impair kidney function. And the list of potentially hazardous interactions with other drugs is a long one, experts say.

“Physiological changes in the elderly affect the way drugs are absorbed and secreted and how the body responds to them,” said Dr. Keela Herr, a professor at the University of Iowa College of Nursing in Iowa City who researches pain management in the elderly and was involved in drafting the new guidelines. “Younger people can use this class of medicine with limited risks. In older persons, it’s a different story. Physical changes make them more sensitive.”

The geriatrics society’s new guidelines say NSAIDs should be considered “rarely” in the population of frail elderly people, and used “with extreme caution” and then only in “highly selected individuals.” For those patients with moderate to severe pain that diminishes the quality of life, opiates may be considered, the guidelines suggest, after both the patient and caregiver are screened for prior substance abuse.

It is the third revision of the guidelines, originally created in 1998 and updated in 2002. In this latest version, acetaminophen remains the top choice for chronic pain. But acetaminophen is a fairly weak analgesic, experts say.

“Opioids are, everyone agrees, probably the strongest pain medication you have,” said Dr. Roger Chou, a pain expert who was not involved in writing the new guidelines and believes decisions about opioid therapy must be made on a case-by-case basis. “The down side is the potential for abuse, and we’re seeing huge increases nationwide of reports about the misuse and diversion of prescription drugs and related deaths. . . .The concerns about opioids are very real.”

He argued that opioids must be prescribed very carefully, no matter what the age of the patient. Patients with chronic persistent pain will be on the drugs for a long time, because the pain usually does not go away, and they will also be at risk of developing other problems related to the medication, such as constipation, nausea and fatigue.

The guidelines are not meant to discourage the treatment of pain. On the contrary, chronic pain is rampant among the elderly, affecting an estimated 25 to 50 percent of elderly people living in the community and up to 85 percent of nursing home residents. Often caused by degenerative spine conditions, arthritis and cancer or cancer treatment, chronic pain takes a powerful toll on quality of life.

Untreated, chronic pain can disrupt sleep and affect mood, restrict mobility and lead to depression, anxiety and isolation, experts say. It can also contribute to falls, which lead to further complications and often death. Although non-drug treatments like physical therapy, cognitive behavioral therapy and other educational interventions are often helpful, adding drugs to the mix usually enhances treatment, experts say.

“There really continues to be a significant amount of unrecognized and untreated pain in older people, and it’s a huge problem,” Dr. Herr said. “A lot of people think that just because they’re getting older they’re going to have pain and just have to learn to live with it. That’s not the case.”

Pain cannot always be entirely eliminated, she added. “You can get to the point where it’s in the mild category — where it’s annoying but not causing such impairment that you can’t function and interact and do the things that are important.”

 

Fibromyalgia Awareness – Short Film

In case you’re wondering how qualified the Happy Seven team is to be taking on this project, take a minute to read through this update.

Writer/director Sophie Meath is an award-winning filmmaker. Her work has been honored at the Five16 Film Festival in St. Paul (Best Narrative, 2013; Best Music Video, 2014), the Intercollegiate National Religious Broadcasters (2nd Place Short Film, 2015), the Oklahoma Broadcast Education Association (1st Place and 3rd Place Long Narrative, 2015), as well as the Upper Midwest Emmy® Chapter Student Awards (1st Place College Fiction, 2015)! She has substantial directing experience and is a talented cinematographer. You can view her production reel in the video below.

The director of photography, Carsten Johnson, is also an award-winning filmmaker. He has won several first-place awards at the Five16 Film Festival and his films have been screened at the Minneapolis Underground Film Festival as well as the Inspiration Film Festival in Florida. He and Sophie have worked together for years and are very excited to be teaming up again for this production.

Ben Carlson is both a talented producer and a gifted musician. He has performed in many different venues in both North and South America as well as Taiwan. In the past few years he cowrote, recorded, and produced two albums in two separate bands. His passion for audio and sound engineering earned him several 1st place production awards from the Intercollegiate National Religious Broadcasters association, including an Award of Excellence for Best Audio Production. He has also worked on audio in several successful short films and is very excited to tackle the sound design elements in this film.

Hypothetical “Difficult Pts” causes study to come to “objective conclusions” ?

‘Difficult’ Patients Tend to Get Worse Care, Studies Find

http://helenair.com/lifestyles/health-med-fit/article_16258912-a832-564d-922e-875a5b5329a1.html

'Difficult' Patients Tend to Get Worse Care, Studies Find

 

TUESDAY, March 15, 2016 (HealthDay News) — What happens to medical care when the patient is a jerk?

Dutch researchers asked the question in two new studies, and the answer should make grumps think the better of their bad behavior: “Disruptive” patients may get worse care from physicians.

The findings aren’t definitive because the researchers tested how physicians responded in fictional vignettes, instead of real-life encounters. Still, the results suggest that patients who make a scene distract physicians from doing their jobs.

“Patients who behave disruptively by displaying disrespect or aggressiveness may induce their doctors to make diagnostic mistakes,” said Dr. Silvia Mamede, who worked on both studies. She is an associate professor with the Institute of Medical Education Research Rotterdam at Erasmus Medical Center in the Netherlands.

An estimated 15 percent of patients treated in doctors’ offices are aggressive, disrespectful, overly demanding or distrustful, Mamede said.

“As might be expected, these behaviors provoke emotional reactions in doctors,” she said.

But do these patients actually get worse care? Physicians have long talked about this question, but researchers haven’t investigated that issue, according to Mamede.

The study authors could have monitored actual doctors’ visits to find an answer, but Mamede said that approach would have been “virtually impossible” because each case is so different.

Instead, the researchers created vignettes about “neutral” patients and disruptive patients who do things such as make frequent demands, ignore the doctor’s advice and act helpless. Then they asked physicians to diagnose the patients.

This approach is “feasible, ethical and reasonable,” said Dr. Donald Redelmeier, senior core scientist with the Institute for Clinical Evaluative Sciences in Toronto. Redelmeier co-wrote a commentary accompanying the study.

In one study of 63 family medicine physicians from Rotterdam, “doctors made 42 percent more mistakes in disruptive than in non-disruptive patients when the cases were complex, and 6 percent more mistakes when the cases were simple,” Mamede said. (The physicians did a better job when they had more time to think about their diagnoses; experts determined the correct diagnoses.)

The other study, which included 74 internal medicine residents, produced similar findings: In cases considered to be moderately complex, “doctors made 20 percent more mistakes in difficult compared to neutral patients,” she added.

 The studies don’t provide information about how often the physicians got a diagnosis completely correct or missed it entirely. Instead, the researchers scored the diagnoses based on whether they were correct, partially correct or wrong.

What’s going on? Mamede said disruptive patients distract physicians by “capturing” their attention, preventing them from focusing more on actual medical conditions.

It’s not clear, she said, if poorer care will make disruptive patients even more frustrating to deal with over time, creating a vicious cycle of increasing disruption and more inaccurate diagnoses.

But Redelmeier said such a “negative feedback loop” is possible.

What can be done?

“Physicians should be trained to deal with these disruptive behaviors explicitly and effectively,” Mamede said. “An aggressive patient can be calmed. A patient who displays lack of trust in his doctor can be referred to another doctor,” she suggested.

As for patients, Redelmeier referred to the points he and a co-author make in the commentary. Patients, they explained, can try to channel their emotion into polite comments; for example, “Thank you for seeing me. I am frightened by what I am experiencing and that is why I am here looking for something that might help.”

Still, the editorialists added, “real people . . . cannot always control their temper when suffering or in pain.” More research is needed to figure out the best approaches, Redelmeier suggested.

The study was published online March 14 in the journal BMJ Quality & Safety.

Conflict and Hypocrisy at the highest level ?

The American Pharmacists Association which claims to represent all the Pharmacists in the country and which adopted the Pharmacist’s Oath listed below in RED.. In reality, only a small minority of Pharmacist are paid members of APhA … IMO.. the APhA’s endorsement of the CDC GUIDELINES seems to be in direct conflict of the Pharmacist’s Oath the same organization supports..  Especially the first “bullet point” of the Pharmacist’s Oath…

http://www.pharmacist.com/oath-pharmacist

“I promise to devote myself to a lifetime of service to others through the profession of pharmacy. In fulfilling this vow:

  • I will consider the welfare of humanity and relief of suffering my primary concerns.
  • I will apply my knowledge, experience, and skills to the best of my ability to assure optimal outcomes for my patients.
  • I will respect and protect all personal and health information entrusted to me.
  • I will accept the lifelong obligation to improve my professional knowledge and competence.
  • I will hold myself and my colleagues to the highest principles of our profession’s moral, ethical and legal conduct.
  • I will embrace and advocate changes that improve patient care.
  • I will utilize my knowledge, skills, experiences, and values to prepare the next generation of pharmacists.

I take these vows voluntarily with the full realization of the responsibility with which I am entrusted by the public.”

WASHINGTON, DC – The Centers for Disease Control and Prevention (CDC) released final guidelines today that provide recommendations for prescribers with a goal of improved care and safety of patients being treated for  chronic pain. The guidelines target primary care clinicians who are prescribing opioids for chronic pain outside of active cancer treatment, palliative care, and end-of-life care. In addition, the guidelines promote integrated pain management and collaborative working relationships with other providers, such as pharmacists; and make reference to collaborative practice models for the dispensing of naloxone.
>
>“The CDC’s decision to release the guidelines is consistent with other public and private efforts that aim to curb prescription drug abuse while attempting to balance patient access to medically necessary treatment,” according to Jenna Ventresca, JD, APhA Associate Director of Health Policy.
>
>In its Guideline, CDC recommends:
>• Non-opioid therapy as the preferred treatment for chronic pain outside of active cancer treatment, palliative care, and end-of-life care.
>• Prescribing the lowest effective dosage when opioids are used.
>• Working with patients to establish pain treatment goals, checking for improvements in pain and function regularly, assessing for risks and benefits, and tapering or discontinuing opioids when risks outweigh benefits.
>
>The Institute of Medicine (IOM) estimates that there are 100 million Americans living with chronic pain—a number that does not include the additional 46 million individuals the CDC estimates suffer from acute pain due to surgery.  “Given the sheer number of Americans living with pain, policy changes and guidelines that influence treatment decisions will have far-reaching consequences,” Ventresca noted.
>
>“Viable solutions to curb opioid abuse will require everyone working together, including health care professionals, patients, and federal, state and local governments,” said Ventresca. “The Guideline represents CDC’s effort to help primary care clinicians communicate with, and treat patients in pain.”  APhA is in the process of reviewing the Guideline and will be soliciting member feedback to better understand the pharmacist’s perspective.
>
>APhA recently developed a resource center to address the challenge with opioids. For more information, go to http://www.pharmacist.com/opioid-use-abuse-and-misuse-resource-center.
>
>About the American Pharmacists Association
>The American Pharmacists Association, founded in 1852 as the American Pharmaceutical Association, is a 501 (c)(6) organization, representing more than 63,000 practicing pharmacists, pharmaceutical scientists, student pharmacists, pharmacy technicians and others interested in advancing the profession. APhA, dedicated to helping all pharmacists improve medication use and advance patient care, is the first-established and largest association of pharmacists in the United States. For more information, please visit www.pharmacist.com.
>
>If you would rather not receive future communications from American Pharmacists Association, please go to https://optout.ne.cision.com/en/jzt3wQShCEKAVUXBp81s8PjXpbRqQiwCB3TeGjBQTQarD6dSN4F7EmrSCFGkP9ofJFCa5XyLe16VCKfghkkkDwQaJMb2RKdTT6BvTULGaE84Jcgx774eJU3DhLG6CwAD2KT.
>American Pharmacists Association, American Pharmacists Association Foundation 2215 Constitution Ave., NW, Washington, DC, 20037-2985 District of Columbia, USA
>

Law Enforcement obtains Rx information WITHOUT WARRANT ?

Lawyer wants drug evidence tossed in swim coach case

http://www.newburyportnews.com/news/local_news/lawyer-wants-drug-evidence-tossed-in-swim-coach-case/article_3168f40a-6d72-5f45-b7dd-7d2ffcf5dd17.html

Doesn’t CVS’ Pharmacists understand that HIPAA protected PRIVATE HEALTH INFORMATION cannot be released to anyone without the pt’s consent and/or court order ?  Don’t they know that if you lie to the police.. they can throw your ass in jail …but.. they can lie to you without any consequences ?

NORTH ANDOVER — The lawyer for a former North Andover High swim coach accused of giving a student athlete OxyContin and Valium wants some of the evidence in the case thrown out.

Melinda Thompson, the lawyer for Elizabeth Backler, 28, of Newburyport, said a hearing on her motion was held Wednesday in Lawrence District Court and a ruling is pending. 

On Feb. 26, Thompson filed a memorandum to the motion to suppress evidence in the case against Backler, who was arrested in September 2015 after investigators alleged she had engaged in an “inappropriate” relationship with a former student-athlete while serving as a coach for the North Andover High swim team. 

She was arrested and charged with three counts of distribution of prescription narcotics and was released on personal recognizance. 

As part of the investigation, North Andover police checked the prescription history for Backler with a local CVS and found records that she was prescribed both diazepam, the generic name for Valium, and oxycodone. The brand name for oxycodone is OxyContin. 

But Thompson had previously argued Backler’s prescriptions and medical history should be thrown out because police did not have the proper warrant to obtain the information from CVS. 

In the memorandum, Thompson said the initial motion to suppress had been filed on Dec. 15, 2015. But the day before the scheduled hearing on the motion, the District Attorney’s Office provided the defense a police report dated Jan. 28, 2016, with new information regarding the seizure of evidence. 

The memorandum stated the new police report had information from North Andover Police Detective Sean Daley, who described his involvement in the case. In the report, Daley explained he was assigned to the U.S. Drug Enforcement Administration as a task force officer with the Worcester Tactical Diversion Squad. 

According to the police report, Daley was unable to access the Prescription Monitoring Database to determine whether Backler had prescriptions for oxycontin or a muscle relaxer. He called DEA Diversion Investigator Lisa Fernandes, who was unable to determine whether Backler had any such prescriptions, but did determine Backler had filled some type of prescription at a CVS. 

With this information, Daley went to the CVS with North Andover Police officer Michael Reardon on Sept. 3, 2015. According to the report, Daley identified himself as a DEA task force officer and provided his credentials to the pharmacist. 

“As a result, Detective Daley obtained Ms. Backler’s prescription information and medical information without an administrative or criminal search warrant,” Thompson said in the memorandum. 

But Thompson said that in previous police reports, Daley never referenced “federal law enforcement, search warrants or any federal law enforcement involvement whatsoever,” a violation of both Massachusetts and federal law.

Under Massachusetts law, local or state police cannot employ a federal official to obtain evidence if they are conducting an investigation, according to Thompson. 

Thompson also argued the prosecution could not justify the CVS search as administrative since a police detective and a detective acting as a DEA agent cannot conduct an administrative search “in which they demand the medical records of one patient during the investigation of a criminal case.” 

Thompson also dismissed the prosecution’s argument that the CVS search was valid due to the state’s prescription monitoring program (PMP), since the DEA was unable to find any information about Backler’s medical history from the program.  

“If the police had walked into every pharmacy in North Andover and discovered Ms. Backler had filled prescriptions at CVS, and then seized those prescriptions without warrant, this case would be in the exact same posture,” Thompson said. “A warrantless search and seizure of medical records.” 

Judge Kevin Gaffney presided over the hearing Wednesday and asked both sides to return to court on April 26 for a status update, according to Carrie Kimball Monahan, spokeswoman for Essex District Attorney Jonathan Blodgett. 

Protesters outside DEA headquarters

Protesters outside DEA headquarters in Chelsea rip agency’s role in ‘wasteful’ drug war, mass incarceration

http://www.nydailynews.com/new-york/protesters-rip-dea-wasteful-drug-war-imprisonments-article-1.2569491

NYC PAPERS OUT. Social media use restricted to low res file max 184 x 128 pixels and 72 dpi

Protesters describe the DEA’s role as perpetuating the worst of drug war policies, including mass incarceration of people of color, fueling violence abroad and fighting against scientific evidence and public health needs.

They’re just saying no to the Drug Enforcement Agency.

About 25 protesters railed against what they called the “mass incarceration of people of color” outside the DEA’s Chelsea headquarters Friday.

Chanting “Decriminalize all drugs,” the protestors, led by Vocal New York and the Drug Policy Alliance, dropped a banner in front of the 10th Ave. offices reading “Just Say NO to the DEA.”

The protesters say the federal government won’t win the war on drugs by locking up low level offenders and addicts who need treatment — not incarceration.

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Former drug users Gregory Williams, 55, and Elizabeth Owens, 58, participating in the rally.

“Jail will forcibly detox you but it’s not a long term solution,” said Fred Wright of Vocal New York. “We’ve got to change what we’re doing. We’ve got to make treatment options more available.”

“We’ve wasted trillions of dollars on the drug war,” he added. “We’ve got the largest prison population in the world and drugs are more available then they ever have been. Clearly what they’re doing is not working.”

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Vocal New York organizer Fred Wright (c., left photo) speaks to police Friday as he leads a group of people identifying as “victims of the drug war” in protest at New York DEA headquarters.

Protestors threatened to block traffic on 10th Ave. but never did so. A group of cops stood ready to stop them if they did.

“The war on drugs is really a war on people,” protestor Reginald Brown said. “If people are using hard drugs they should get quality care for their addiction. If they’re using marijuana which is a plant, like broccoli, it makes no sense to arrest them in the first place.”

Friday’s protest is one of five that will be held before the United Nations General Assembly Special Session on Drugs next month, Wright said.

A call to the DEA for comment was not immediately returned.

Lawsuit alleges Fremont County jail inmate who died in custody was denied prescription meds

Lawsuit alleges Fremont County jail inmate who died in custody was denied prescription meds

http://gazette.com/lawsuit-alleges-fremont-county-jail-inmate-who-died-in-custody-was-denied-prescription-meds/article/1572478

A Fremont County jail inmate died naked on the floor of his cell after he was deprived of a prescription medication and beaten by guards during bouts of withdrawal-related pyschosis, a lawsuit alleges.

John Patrick Walter, 53, had nine broken ribs and other injuries when Fremont County sheriff’s deputies found him unresponsive while making their rounds on April 20, 2014, according to a federal lawsuit filed Thursday in U.S. District Court in Denver.

The 29-page complaint alleges that guards injured Walter during efforts to restrain him as he suffered withdrawal from clonazepam, a psychotropic medication generally used in the treatment of anxiety.

The trouble began when Walter, who took 6 mg of clonazepam per day, was forced to go “cold turkey” upon being booked into jail April 3 on suspicion of first-degree assault, menacing, and reckless endangerment – all felonies.

“Mr. Walter’s psychotic break from reality was so profound that he was often heard screaming and seen kicking, punching, and clawing at the walls and door in an apparent effort to escape imaginary people in his cell,” according to the lawsuit, filed by Seattle attorneys Erik Heipt and Ed Budge on behalf of Walter’s sister, a Colorado Springs resident.

Instead of summoning emergency medical intervention, deputies used pepper spray, a stun gun, restraints and “brutal” physical force to control him, according to the suit, which describes an ordeal during which the 200-pound Walter shed 30 pounds in less than three weeks.

According to the suit, he refused food and drink, shook uncontrollably, lost control of his bowels, and went days without sleep.

Among those named in the suit are Fremont County Sheriff Ed Beicker, who oversees the jail; The Fremont County Board of Commissioners, eight corporations associated with contracts to provide medical care for inmates; two doctors, two nurses and more than 20 other individuals, many of them sheriff’s deputies.

“This took place over a 17-day period, and it is our belief that there are a lot of people who participated or who saw what was happening and failed to put a stop to it,” said Heipt, whose firm takes cases across the country that involve civil rights abuses.

The lawsuit was filed in Federal Court under the claim Walter failed to receive due process.

Messages left Thursday for Sheriff Beicker and the Fremont County Attorney’s Office went unanswered. Nor could other defendants be reached for comment.

Fremont County Coroner Randy Keller did not immediately respond to an emailed request for a copy of Walter’s autopsy report.

Walter also had a prescription for methadone, which is used to treat opioid addiction, but jail medical personnel put him on a “tapering” schedule in which his dosage was gradually reduced.

Why a similar approach wasn’t taken with clonazepam is unclear, Heipt said.

“It’s a much more difficult and dangerous withdrawal than cocaine, heroin, methamphetamine or any drug you think of,” he told The Gazette. “The withdrawal itself can kill you.”

Heipt said that jail officials conducted a “sham” investigation resulting in a six-page death investigation report.

Fremont County officials have refused to turn over surveillance video and other materials that could shed light on Walter’s treatment in custody, he said.

The lawsuit comes one week after another in-custody death at the Fremont County jail. Former state correctional officer Gregory Smith, 57, of Colorado Springs, collapsed in the kitchen March 10, one week into a 100-day sentence for trying to sexually assault prison inmates. His cause of death hasn’t been released. Authorities say no foul play is suspected.