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#1 2008-04-20 00:14:28

docalex
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And the Band Played On…

And the Band Played On… - Alex Deluca commenting on:
Doctor Seeks to Quash Subpoenas on Malpractice Settlements, by  Roxana Hegeman; Associated Press, Fort Mill Times; 2008-04-18. Source.

See also:
It’s the Pain Crisis… - Siobhan Reynolds, LTE: Topeka Capital-Journal; 2008-04-04
and,
Feds Seek Gag Orders in “Pill Mill” Case - Associated Press; 2008-04-05




Every time I think this action by Siobhan Reynolds on behalf of the abandoned pain patients of Dr. Stephen Schneider can’t get any worse, on the human-suffering scale, the Fed. lashes out again, digging themselves in deeper, making themselves look dopey; not to mention the State, as Congressional Clowns pander and Medical Board members dither… The band played on.

But it is also true that it rarely gets any better than this, either. Siobhan Reynolds has made sure that we will hear both sides this time. That for once this is going to be about the pain crisis, not just -gasp!- addiction. This is real “Emperor Has No Clothes” stuff. This time it is all being reported.

Chaos! in the war on drugs. I’m loving it.

..alex…



WICHITA, Kan. — Federal prosecutors have essentially “deputized attorneys” in their efforts to use confidential malpractice settlements to prosecute a Kansas physician accused of illegally prescribing medication, defense attorneys said in documents filed Friday.

Attorneys for Dr. Stephen Schneider and his wife, Linda, filed a motion to quash the subpoenas seeking information about the settlements, arguing the government was circumventing the criminal discovery process through civil litigation.

The defense also contended the government abused its subpoena powers to cover up what they called malpractice attorney Larry Wall’s “blatant disregard” for confidentiality clauses.

In an e-mail, Wall told civil defense attorneys that if they did not want Assistant U.S. Attorney Tanya Treadway to have the settlement agreements they should send objections to her.

Wall did not immediately return a message left Friday at his office for comment.

The Schneiders’ criminal defense attorneys told the court that Wall sends copies of correspondence between himself and the attorneys representing the doctor in civil cases to the government.

The Schneiders were indicted in December on 34 federal counts. The indictment accuses the Haysville couple of directly causing four deaths and contributing to at least 11 others. The couple has pleaded not guilty.

The doctor’s criminal defense attorneys alleged in court papers that Wall did not plan to challenge the subpoena even though he negotiated the confidentiality clause.

“Obviously Wall’s loyalty to his clients’ confidential information is secondary to his desire to please the government,” according to the motion.


In an e-mail sent earlier this month, Wall told the doctor’s civil defense attorney he did not intend to file a motion to quash the subpoenas because he believed it was unwarranted.

“My clients do not want me to impede or to unduly delay the investigations of Dr. Schneider and Linda Schneider,” he wrote. “The agreement also states the confidentiality provision is subject to disclosure required by law and a lawful subpoena is the type of disclosure I anticipate was envisioned by myself and my clients at the time we signed the agreement.”

At least five malpractice cases were settled, according to the documents.

Siobhan Reynolds, president of the Pain Relief Network, told The Associated Press in January that she urged the doctor to not settle any more civil lawsuits because other doctors in similar malpractice cases had successfully fought them.

The AP, citing interviews and documents it obtained, reported in February that malpractice attorneys had worked closely with prosecutors to help indict the Kansas doctor and his wife.

While the malpractice attorneys contended their help wasn’t improper, the Schneiders’ supporters argued the close involvement by malpractice attorneys in civil lawsuits against the doctor tainted the federal prosecution. Reynolds contended the malpractice attorneys and their clients stand to financially gain from a criminal indictment that justifies their lawsuits.

The AP analyzed court documents filed in numerous civil lawsuits against the doctor over the past several years and found that the bulk of the death cases in the indictment were first filed as malpractice lawsuits by Wall and another malpractice attorney, Andrew Hutton.


Their findings, as set out in exhibits filed in those civil cases, are used throughout the criminal indictment - sometimes verbatim.

[END]


..alex...
Alex DeLuca, M.D., MPH
Senior Consultant, PRN

doctordeluca@painreliefnetwork.org

 

 
 
 

#2 2008-04-20 06:51:24

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Re: And the Band Played On…

For some strange reason, I've been feeling very optimistic lately about our cause. Not necessarily because of any great news I've gotten, although the above is awesome. For me, it's an intuitive thing, and I feel we're on the brink of a major development of some sort. I'll keep my fingers crossed!

Respectfully,
axe


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Fuck The DEAth

 

 
 
 

#3 2008-04-20 09:06:00

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Re: And the Band Played On…

Alex wrote:

the Fed. lashes out again, digging themselves in deeper, making themselves look dopey; not to mention the State, as Congressional Clowns pander and Medical Board members dither… The band played on.

I'm loving it too Alex, makes, 'the work' more tolerable as we watch the Fed discredit themselves, and sink to incredible new lows in their far reaching effort to win at all costs. "The Emperor Has No Clothes," indeed! Exciting development, thanks for the article.

(sigh)

Tami


Tami Strand Political Activist for the Pain Relief Network a Nonprofit NonPartisan 501(C)(3) Corporation. "Delaying aggressive opioid therapy in favor of trying everything else first is not rational based on a modern, scientific understanding of the pathophysiology of chronic pain, and is therefore not the standard of care." Dr. Alexander Deluca   
Rage Against The Machine

 

 
 
 

#4 2008-04-20 12:05:14

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Re: And the Band Played On…

"don't worry - we're on the side of the angels."

Alex, someone special sent this to me, nice, isn't it?

Tami


Tami Strand Political Activist for the Pain Relief Network a Nonprofit NonPartisan 501(C)(3) Corporation. "Delaying aggressive opioid therapy in favor of trying everything else first is not rational based on a modern, scientific understanding of the pathophysiology of chronic pain, and is therefore not the standard of care." Dr. Alexander Deluca   
Rage Against The Machine

 

 
 
 

#5 2008-04-20 12:40:34

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Re: And the Band Played On…

axe wrote:

For some strange reason, I've been feeling very optimistic lately about our cause. Not necessarily because of any great news I've gotten, although the above is awesome. For me, it's an intuitive thing, and I feel we're on the brink of a major development of some sort. I'll keep my fingers crossed!

Respectfully,
axe

I think you're right, Axe.  When it goes, it'll be like a huge wall just suddenly crumbling into dust: all at once.  It's been the problem all along that in a police state or an aspiring one like the U.S., cops are essentially human attack dogs - they see Drugs+people=criminal activity, and it's like an attack dog seeing someone dressed in black at a window at night.  It doesn't think, "Well, it might be his window, so maybe I'd better check first"; it just attacks.  The cops aren't given any more info than that, thinking is discouraged, and the ones at the top like the political clout that claiming all those "successful drug busts" give them even when they were actually innocent people.  With a compliant, cowardly, toadying press, folks never get to hear about all the mistakes and "collateral damage" that actually makes up the bulk of the 'statistics' in the War On Drugs.  Attack dogs can't count, so it doesn't matter to them if they hurt or even kill a thousand innocents for every real illegal drug dealer they actually bust (and the illegality of of the personal choice to use drugs is another construct that shouldn't exist in a "free country").  It doesn't matter to their masters either, though they can count, because anyone busted like that or just caught in the gears is not an 'elite' but just another 'peon', so they don't matter either, as long as they're useful.  That's what peons are for, and if a few get used up, well, there are always more.  Keep contraception, sexual self-care information and abortion away from them too, and everybody knows they'll breed like rats, right? 

That right there is the single, real difference between the America the RadRight wants to make of the U.S. and the America envisioned by the Founders: in the original vision, to paraphrase Mark Twain, every individual should be an aristocrat.  That's what education and cultural conditioning should be aiming at.  Instead though, we are sliding - or being slid by greedy corporatists, our self-proclaimed 'elites' - into a caste system where if you're not born to money, or mean and sociopathic enough to do whatever it takes to get sums of money large enough to translate into power, or backed by such power, then you're a resource, and resources are there to use.  You don't ask a tree you need to chop down to make a house or to sell the wood if it's happy, and you don't ask a peon you're using to bulk up your kill/bust stats if he's happy about that either.   It's that 'thinking' that we have to change - in the media, in the population, and in the wannabe "American Royals".   Otherwise, the American Revolution may as well never happened.  This is one reason I support the same interpretation of the Second Amendment as the NRA, though I'm not fond of them for other reasons.  A disarmed population is just another pile of victims; an armed populace can, and does, make would-be conquerors cautious.  Maybe cautious enough to fail.

Luckily for us, the attack dogs never learned the First Rule of Holes: "When you're in one, stop digging!".  And it's so easy to hand them another shovel...

Ian


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#6 2008-04-20 17:06:04

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Re: And the Band Played On…

Ian MacLeod wrote:

I think you're right, Axe.  When it goes, it'll be like a huge wall just suddenly crumbling into dust: all at once. 

Luckily for us, the attack dogs never learned the First Rule of Holes: "When you're in one, stop digging!".  And it's so easy to hand them another shovel...

Ian

Right on, amigo!
A huge wall crumbling into dust, all at once. What a beautiful image that thought creates in my mind...
"Attack Dogs": Brings to mind another old saying.
"Give them enough rope to hang themselves with".

Anyway, I'm glad I'm not alone in my suddenly optimistic attitude. I'm really still trying to figure out where it came from!!

Thanks and take care my friend,
axe


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Fuck The DEAth

 

 
 
 

#7 2008-04-20 20:13:24

Ian MacLeod
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Re: And the Band Played On…

axe wrote:

Ian MacLeod wrote:

I think you're right, Axe.  When it goes, it'll be like a huge wall just suddenly crumbling into dust: all at once. 

Luckily for us, the attack dogs never learned the First Rule of Holes: "When you're in one, stop digging!".  And it's so easy to hand them another shovel...

Ian

Right on, amigo!
A huge wall crumbling into dust, all at once. What a beautiful image that thought creates in my mind...
"Attack Dogs": Brings to mind another old saying.
"Give them enough rope to hang themselves with".

Anyway, I'm glad I'm not alone in my suddenly optimistic attitude. I'm really still trying to figure out where it came from!!

Thanks and take care my friend,
axe

I try like Hell, I do.  Sometimes it even works a little.  You too, bro!

Ian


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Illegitimis non carborundum!

 

 
 
 

#8 2008-04-20 20:46:06

docalex
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Re: And the Band Played On…

banjobabe wrote:

Tami wrote:

"don't worry - we're on the side of the angels."

Alex, someone special sent this to me, nice, isn't it?

Tami

**************
Obviously I'm not Alex (haha lucky him!) but wanted to comment because I thought that a wonderfully reassuring comment....love it!  "Don't worry-we're on the side of the angels."  real nice.
Sincerely,
Lori
(The Relentless)!

Ahh, yeah. And now, Tami, I guess I should tell you that the first time I said that, two weeks later I was out of a career and smack in the middle of an honest-to-God abstinence vs. moderation media firestorm (ask Maia - she was there).

But it is a good lyric. Maybe the angels will pay closer attention this time.  :-)

Love you too, Sis.


..alex...
Alex DeLuca, M.D., MPH
Senior Consultant, PRN

doctordeluca@painreliefnetwork.org

 

 
 
 

#9 2008-04-21 14:42:17

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Re: And the Band Played On…

Thanks bro,
Very interesting, and what a firestorm, "My 15 minutes of Infamy." I remember you told me about this, the first time we spoke.
I have read Maia's article 12 Steps Back, God, what you both went through. No matter the outcome, you did a phenominal work.
I love your little lyrics, and am very fond of the one you gave to me. I have the same hope, maybe the angels will pay more attention this time, and somehow, I think they will. "Now the work conitnues." Hmmm.........

Love you,


Tami Strand Political Activist for the Pain Relief Network a Nonprofit NonPartisan 501(C)(3) Corporation. "Delaying aggressive opioid therapy in favor of trying everything else first is not rational based on a modern, scientific understanding of the pathophysiology of chronic pain, and is therefore not the standard of care." Dr. Alexander Deluca   
Rage Against The Machine

 

 
 
 

 

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