Judicial system once against working on opinions rather than facts ?

Posted on January 21, 2015 by Pharmaciststeve

Judge dismisses indictment against doctor

http://www.starbeacon.com/news/judge-dismisses-indictment-against-doctor/article_6142f042-a1b0-11e4-8249-03edf0c4d65d.html

JEFFERSON — A judge has dismissed charges against a former Andover doctor. for issuing illegal prescriptions

County common pleas Judge Alfred Mackey on Tuesday threw out the grand jury indictment against Dr. Shannon Swanson, a former physician at St. Joseph’s Andover Medical Center who was charged with 52 counts of illegal prescription issuance and drug trafficking. Swanson was accused of writing prescriptions for acquaintances without diagnosis and who were not active patients.

A dismissal motion filed by Swanson’s attorneys Thursday argues that Swanson received nothing in return for the prescriptions she wrote, which were given to “individuals she came to know during the course of her medical practice, with the intent to help the individual.”

“A material element of the (drug trafficking) offense is that the defendant ‘knowingly sold or offered to sell’ the controlled substance named in the indictment,” the motion states, adding that those who received the prescriptions — who were never interviewed by law enforcement officials — all claimed Swanson was never compensated.

This created a “defect” in the prosecution, through which the indictment could legally be dismissed, the motion states.

During an unscheduled interview in October 2013 with Ohio State Pharmacy Board Agent William Edwards,

Swanson claimed she issued the drugs as a way to help acquaintances who were in between physicians, or were former patients.

“This is a new kind of thing for me. Normally, you’re dealing with people getting something in exchange for giving out the drugs,” Edwards was quoted in the motion. “You weren’t getting anything in exchange.”

 

 

 

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Walgreens sued by customer who claims it gave him wrong medication -OPS !

Posted on January 21, 2015 by Pharmaciststeve

walgreens2

Walgreens sued by customer who claims it gave him wrong medication

http://louisianarecord.com/news/265918-walgreens-sued-by-customer-who-claims-it-gave-him-wrong-medication

GRETNA – A corporate pharmacy is being sued by a customer who claims he experienced health problems after being given medication meant for another customer.

Marvin Smith filed suit against Walgreens Family of Companies and Sedgwick Claims Management Services Inc. in the 24th Judicial District Court on Nov. 7.

Smith claims that he had a prescription filled at the Walgreens located at 678 Terry Parkway in Terrytown on Oct, 17, 2013. The plaintiff alleges that when he picked up his prescription he believed it had been filled properly and he began taking the medication. However, a few days after receiving the medication Smith contends he began experiencing medical problems and noticed that the medication was for another customer.

The defendant is accused of failing to properly fill the prescription and failing to have proper safeguards and prevent medication errors.

An unspecified amount in damages is sought for physical pain and suffering, mental pain and anguish, medical expenses, loss of wages, loss of earning capacity and loss of enjoyment of life.

Smith is represented by attorney Mark D. Spears Jr. of Marrero.

The case has been assigned to Division O Judge Ross P. LaDart.

Case no. 744-121.

 

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Is this how the DEA decides on a medication’s schedule ?

Posted on January 21, 2015 by Pharmaciststeve

magic8ball

 

 

 

 

 

 

 

 

 

http://www.raps.org/Regulatory-Focus/News/2015/01/21/21128/DEA-Scheduling-Process-Targeted-by-Legislators-Hoping-to-Speed-up-Drug-Approvals/

As explained by Regulatory Focus last year, the bill would make changes to the US Drug Enforcement Agency’s (DEA) scheduling process under the Controlled Substances Act (CSA). The 1970 law is, along with the Federal Food, Drug and Cosmetic Act of 1938, the backbone of drug regulation in the US. Specifically, the law permits DEA regulators to “schedule” drugs they believe might be misused or abused.
So the it would appear that the scheduling of medication by the DEA is devoid of FACTS.. just OPINIONS … how scientific !

Filed under: General Problems | 2 Comments »

When all else fails.. have the customer arrested for trespassing..

Posted on January 20, 2015 by Pharmaciststeve

stevemailbox

 

 

 

 

 

 

 

This is not the first time that I have been told my a chronic pain pt that they were threaten with being arrested for trespassing because they were trying to get their meds filled and never raised their voice, got hostile or threatening to the staff.. In all my years practicing pharmacy the only time that I had the police escort someone out of the store is when they tried to pass a forged Rx on me.  I am confused.. I read on some of these Pharmacist blogs and Face Book pages that Rx dept employees are routinely being verbally abused and sometimes physically abused and they are apparently expected by management to just stand there and take it..  Some even report that the “disgruntled customer” will even get a gift card to compensate them for being disgruntled.. I may be missing something here… you arrest the passive pt and reward the hostile pt. I must have missed that chapter in some book on how to build a successful business.

Dear Steve,
My name is xxxxx   and I came across a website called http://nationalpainreport.com/ and found you at the bottom of the page with your email address and thought maybe you can point me in the right direction or even give me some useful information.
To try and make a long story short Im 28yrs of age and got into a bad car accident in June, 2012. Following that accident I went through the normal BS and eventually ended up having 3 surgeries with fusion on my l4-l5 & my l5-S1, my last surgery was about 6 months ago. I would say that the last surgery did give me back the use of my left leg but besides that the pain in my back is real and still there.
So I live in Florida and they are very strict on dispensing pain medication. I have tried everything under the sun and what has work best for me has been Fentanyl Patches since my last surgery. I obviously did not start on something like Fentanyl and my Dr seems to think my body has a very unique way of getting rid of the medications in my system quickly so many of the other meds we tried never even held back or relieved the pain. Also he tells me these are a lot easier to fill instead of suppose Oxycontin which has a really bad name for itself.I am not someone sitting around waiting for government checks to come in. I work 11 hr days for 4 days a week seated doing computer work, I pay a mortgage and would say these patches have given me some part of my normal life back but it still a work in progress to become stronger in my back and mentally dealing with waking up in pain.
I normally fill my prescriptions at Walmart and I would get the same BS from them until I wrote a letter to Walmart Corp and the Area Pharmacist called me and we spoke regarding the issue and he called the store and gave this very nice manager an OK or something.
So I haven’t had any issues filling it until last week. She has been on leave around 2 months now and from what the other pharmacist are telling me is that the medication has been ordered but the order is not coming in. I made sure to send another letter to Corp and Corp again responded by telling the person in charge to keep me posted on when they get the medication so I don’t think they are holding it this time.
So I ended up going threw cold turkey withdrawal missing 4 days of work until one pharmacist said he had 1 pack of 5 he could fill but it would void the initial quantity of 15. He also informed me that my doctor may not fill the prescription for another 30 days and for me to call the Dr first.Spoke with the Dr. and he was ok with providing me another script as long as I brought in the 5 the pharmacy gave me to prove to him it was only filled for 5. So after throwing up, non stop number 2, chills, heat and blurry vision I got the pack of 5 yesterday and still feel a bit sick today.
After meeting with my doctor today and getting another script for the remaining Patches because the previous voided the remaining I went to Walgreens that I’ve been denied Time after Time again even right out of surgery. I decided to record on my iPhone them telling me NO and maybe I would have something I could show to someone that they discriminate against my disability, Age or race. Well that lead to the pharmacist that told me know before to immediately jump away from camera view and call the manager. In my mind I was thinking I can’t go through those withdrawal symptoms again I need to try to stand up for myself or something I don’t know what I was thinking. I waited there telling the pharmacist that I would leave if she just told me that she did not have them or was denying giving them to me. I was very quite and patient did not raise my voice or cause any type of trouble just stood there. In the end the police showed up and escorted me out of the Walgreens and I emotionally lost it. They where very nice and issued me the minimum Trespassing form which stats I’m not welcome back there. I have no idea what I’m going to do in six days when the only 6 day supply I have left runs out.
If you have any advice, recommendations, or information how all this works I would really appreciated it.

Filed under: General Problems | 16 Comments »

Help Wanted: RESPONSIBLE PHARMACIST – just not in charge ?

Posted on January 20, 2015 by Pharmaciststeve

rippic

 

 

 

 

 

 

 

 

 

 

http://seattle.craigslist.org/sno/hea/4855853186.html

The Pharmacist assures the safe, appropriate and legal dispensing of pharmaceuticals, monitors drug therapy, maintains inventory and provides consultation services to medical providers, dental providers, clinic staff, and patients in accordance with the State of Washington Department of Licensing and professional scope of practice. The Pharmacist will be recorded as the “responsible manager” in accordance with Washington State Board of Pharmacy and will ensure that the pharmacy complies with all the laws, rules and regulations pertaining to the practice of pharmacy. The Pharmacist is responsible for and supervises the day-to-day operational activities of assigned pharmacy site. Such supervision must be in accordance with current federal, state, and local standards, guidelines, and regulations that govern the pharmacy and ensure that the highest degree of quality care is maintained. This position provides management and supervision to designated staff.

This is from the REQUIRED EDUCATION REQUIREMENTS….

Education
• High school graduate or equivalent.
• Bachelor’s degree in Pharmacy.

Preferred:
• Doctor of Pharmacy (Pharm. D) degree.

How the hell do you get a BS Pharm or a PharmD degree without graduating HIGH SCHOOL or equivalent ?

Since the vast majority of PharmD’s are <40… is this a clue that this entity may be practicing age discrimination in their hiring practices ?

Does this suggest how in tune the person who put these job requirements and job description together.. really have any idea of what being a Pharmacist actually entails…?

 

Filed under: General Problems | 1 Comment »

Walgreens Steps Up Restructuring, Will Sell Home Infusion Business

Posted on January 20, 2015 by Pharmaciststeve

costcutting

Walgreens Steps Up Restructuring, Will Sell Home Infusion Business

http://www.forbes.com/sites/brucejapsen/2015/01/20/walgreens-restructuring-escalates-with-sale-of-infusion-business/

Walgreens Boots Alliance (WBA) announced its first major divestiture under new leadership, signing a deal to sell a majority stake in its infusion business to private equity firm Madison Dearborn Partners.

The fate of the infusion business has been a topic of speculation in recent months as Walgreens looks to cut $1 billion in costs as part of its acquisition of European drugstore chain Alliance Boots. The home infusion business has about 4,700 employees, 89 infusion pharmacies and 110 alternate treatment sites in 40 states and is a leader in the market. 

Why would the “leader in the market” sell off a majority stake in a business… Isn’t that what Walgreens did when it purchased a share in Boots .. which ended up the “hunted” became the “hunter” and since the final merge.. a good deal of those in the e-suite.. are no longer there.

So how does a company look to cut costs/expenses… could it be that this division of Walgreens was losing money.. otherwise.. does it make sense to sell off a profitable division to cut costs.

 

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DEA agent used woman’s seized phone to set up bogus Facebook page

Posted on January 20, 2015 by Pharmaciststeve

Feds pay $134k to woman whose ID was used on Facebook

DEA agent used woman’s seized phone to set up bogus Facebook page

http://www.timesunion.com/news/article/Feds-pay-134k-to-woman-whose-ID-used-by-DEA-on-6027904.php

The U.S. Justice Department will pay $134,000 to settle a federal lawsuit filed by a Watertown woman whose identity and personal photos were used by a DEA agent to set up a fake Facebook page using her name as part of a drug investigation.

Sondra Arquiett, also known as Sondra Prince, filed a lawsuit two years ago claiming her civil rights were violated when the DEA agent, Timothy Sinnigen, seized her mobile phone and used it to set up a Facebook page after Arquiett was arrested on drug charges in July 2010. The Justice Department said Sinnigen posed as Arquiett on the Facebook page, exchanged messages with her friends and invited people to be “friends,” including a fugitive he was trying to arrest.

http://arstechnica.com/tech-policy/2015/01/dea-settles-fake-facebook-profile-lawsuit-without-admitting-wrongdoing/

Richard Hartunian, the US attorney for the northern district of New York, said in a statement that the settlement “demonstrates that the government is mindful of its obligation to ensure the rights of third parties are not infringed upon in the course of its efforts to bring those who commit federal crimes to justice.” He said the deal “also takes into account emerging personal privacy concerns in the age of social media, and represents a fair resolution of plaintiff’s claims.”

The government admitted no wrongdoing.   Looks like the DEA is taking a page out of CVS’ playbook.. just pay the fine and admit no wrongdoing.

 

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What You Probably Don’t Know About CVS And Cigarette Sales

Posted on January 20, 2015 by Pharmaciststeve

lipstickpig

 

 

 

 

 

 

http://www.vocativ.com/culture/health-culture/cvs-tobacco-state-of-the-union/

Larry J. Merlo, the CEO and president of CVS, will have a coveted seat in the VIP box with Michelle Obama at Tuesday night’s State of the Union address. Merlo was picked to join the first lady because CVS announced in September that all its stores would stop selling cigarettes.

Praise for the decision on social media reached as far as the White House:

Larry J. Merlo, the CEO and president of CVS, will have a coveted seat in the VIP box with Michelle Obama at Tuesday night’s State of the Union address. Merlo was picked to join the first lady because CVS announced in September that all its stores would stop selling cigarettes.

Praise for the decision on social media reached as far as the White House:

But before CVS took the tobacco high road, the company was cited a number of times for selling cigarettes to underage smokers. Between 2011 and September 2014, it racked up 178 warning letters and 14 fines for selling cigarettes to minors, according to an FDA database. The database shows that out of hundreds of retail outlets, CVS was among the top 10 most-cited chains in the U.S. last year for alleged cigarette sales to children.

CVS certainly deserves some credit for swearing off cigarettes—the company has said that dropping tobacco will cost it about $2 billion in annual sales. But the FDA estimates that about 3,200 children smoke their first cigarette every day, and CVS was part of that for a long, long time.

Filed under: General Problems | 5 Comments »

The low hanging fruit might be the easiest to pick ?

Posted on January 19, 2015 by Pharmaciststeve

spiderweb I keep wondering why no one has been able to find an attorney to help resolve these issues of pain pts and those with subjective diseases cannot get their legally prescribed, on time, medically necessary Rxs.

I see TV commercial after commercial about personal injury lawyers who wants to sue just about anyone… car accident… “bad drug”…

IMO.. the DEA has put out some public statements that attempts to keep the ACLU at bay.. because the ACLU’s mission statement is to sue the government when they violate the constitution or our laws.  Basically, the DEA has made statements that claim that they are doing nothing to interfere with legit pts getting their meds. However, it would appear that they are telling their registrants ( wholesalers, prescribers, pharmacies/Pharmacist ) that they are going to “take them out” if they get a single dose in the wrong hand. So the best way to make sure that you do this.. is to stop putting any doses in any hand.

Some states – Indiana, Washington, Ohio, Florida has institute some laws or interpretations of laws that have put some arbitrary daily mg limits on those with chronic pain and need opiates. Since most of these issues have been initiated by bureaucrats – including many attorneys – who think that they are able to practice medicine without a license or apply some “cookie-cutter” approach to treating chronic pain.

There are many components to our judicial system.. from the cop on the street.. the judge on the bench, the attorneys in private practice.. up thru the Attorney general at the state level to the Attorney General at the Federal level.  The DEA – part of the DOJ – employs some 12 K at the federal level. After nearly 45 yrs fighting this war.. and now spending 51 billion annually.. at least at face value… the war is either unwinnable and/or those involved are quite happy with the status quo.

Being an attorney is mostly a local business… it appears to have its own local ecosystem.. as well as a larger ecosystem at the state and federal level. Imagine the potential repercussions to an attorney or attorney group that attempted to disrupt that war on drugs ecosystem… by suing the wholesalers, pharmacies and prescribers for harming pts because they are basically following the “unwritten rules” of the DEA concerning the war on drugs.

Pts have called the DEA, the AG’s office, FDA, corporate headquarters… all pts have been told that they cannot force a Pharmacist to fill your Rx.. even  if it is legit/on time/medically necessary.. your prescription being filled is at the discretion of the Pharmacist.  What they are not saying is that they can intimidate, bully the Pharmacist into not filling your Rx.. under the part of the DEA statue of “corresponding responsibility”.

It would seem to me that the PHARMACIST is the low hanging fruit in all of this… typically.. they don’t have that deep a pockets and their corporate employer has disavowed any involvement with the Pharmacist turning down a Rx.

These Pharmacists keep reminding you that they are “doctors” and that they are the medication experts. As “medication experts” they should have full knowledge of the consequences to a pt that has been taking opiates for a long period of time.. when they are abruptly “cut off” and forced to go cold turkey and thrown into elevated pain and withdrawal. Pain may have never killed anyone… but.. cold turkey withdrawal can..

It doesn’t cost a lot to file a lawsuit against a individual Pharmacist… for a number of decisions that falls under irresponsible negligence by them that adversely affected the pt’s quality of life. They are the self-proclaimed “medication experts”.

Cooperation of a prescriber and could possibly get a class action against a single pharmacist… at a single store… This won’t mess with the war on drugs “ecosystem”…but.. it sure will get the attention of some individual Pharmacists..  You get one-two successful settlements – against the Pharmacist’s professional liability insurance and the personal injury attorneys will start circling like vultures…   If you have contacted an attorney before.. they might not have considered this approach… might want to contact them again…

It is necessary to video your interaction of being denied.. suggest that you take someone along that can stand aside to video the interaction. They won’t be able to deny what was said.. they say a picture is worth a 1000 words… what does that say about a video ?

If you get one or two Pharmacists that will sign statements that their inability to fill Rxs is because of the wholesalers rationing/limiting of their ability to purchase sufficient quantities to fill the legit Rxs they are presented.. The attorneys should be able to use this information to lay the ground work for a class action against at least the three major wholesalers.. that control 85% of the market.

Once the wholesalers admit that they are acting (rationing) out of fear of being fined by the DEA.. then the door will be opened for the ACLU to proceed with action against the DEA.. for violating our laws..  GAME OVER !

 

Filed under: General Problems | 13 Comments »

we don’t care about others pain.. just ours

Posted on January 19, 2015 by Pharmaciststeve

WFLA News Channel 8

http://www.wfla.com/story/27788004/tampa-doctor-and-wife-indicted

“It is unusual to be able to directly link a prescription that has gone to someone that has contributed to their death,” said Michele Phillips from the NOPE Task Force.  http://www.nopetaskforce.org/

Imagine that… this TV station asks the opinion of a representative of a group seems to appear to be against the use of any       opiates for legit medical need so that NO ONE will be able to get their hands on some opiate doses and do themselves harm.. most likely because them and/or their immediate family are in denial that they have a mental health issue and turn a blind eye to mental health therapy that the person needs.. and when the person starts accelerating their abuse of various substances until they reach a point of no return..

So then they have to find someone/thing to blame other than their own defective gene pool and their failure to help their loved one from going down the path they did… so they join group(s)  with others that are dealing with same self-guilt.

Also note that the quote said that they are even concerned about a prescription medications that MAY HAVE CONTRIBUTED to a person’s death. So I guess that you can disregard the alcohol, Heroin and untold other illegal substances that toxicology results states was in their system. All the while.. our system never/seldom tried to determine if the death by drug overdose was in fact accidental or a suicide. More denial of mental health issues.

Of course, it would cost resources to investigate the illegal act of committing suicide… where as claiming that a death was a accidental overdose does not require an investigation and serves the DEA’s agenda of the war on drugs much more.

While the identities of the victims in Feldman’s case are only identified by their initials, Phillips knows the feeling of losing someone from a prescription drug overdose. Phillips lost her son several years ago.

“There are times when I wake up in the morning and I have to remind myself to breathe,” said Phillips.

Imagine that.. a orthopedic doctor.. making enough money on his practice to buy a million dollar home and office bldg…

Have you ever seen Gov. Rich Scott’s home .. beach front homes in the Naples area – aren’t cheap..

http://en.wikipedia.org/wiki/Rick_Scott

at age 34, he co-founded Columbia Hospital Corporation with two business partners; this merged with Hospital Corporation of America in 1989 to form Columbia/HCA and eventually became the largest private for-profit health care company in the U.S.[citation needed]

He resigned as Chief Executive of Columbia/HCA in 1997 amid a controversy over the company’s business and Medicare billing practices; the company ultimately admitted to fourteen felonies and agreed to pay the federal government over $600 million, which was the largest fraud settlement in US history. Scott was not implicated and no charges were raised against him personally.[3][4][5][6][7] Scott later became a venture capitalist.

Of course, if you follow the history of our Federal Government.. when it comes to public corporation violating various laws and/or defrauding the Medicare/Medicaid .. they never go after anyone at the corporate level.. they just fine the corp and allow them to go back to business as usual.. So Rick Scott made no profits from his association with Columbia/HCA to help him eventually buy his multi-million dollar beach front home ?

Filed under: General Problems | 8 Comments »

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