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#1 2008-07-10 18:25:53

docalex
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Opioid Dosing Guidelines: Outrage or Imperative

APS Symposium: Opiate Dosing Guidelines: Outrage or Imperative; Alex DeLuca; War on Doctors/Pain Crisis blog of the Pain Relief Network; 2008-07-10.

See also:
Opiate Dosing Guidelines: Outrage or Imperative(1)
PRN State Tort Claim vs WA State
PRN Complaint for Declaratory/Injunctive Relief, Damages




On May 8-10 of this year, about 2 months before PRN filed its historic class action lawsuits on behalf of disabled, chronic pain patients against the WA State Dosing Guidelines, the American Pain Society (APS) held it’s 27th Annual Scientific Meeting. A Symposium entitled, Opiate Dosing Guidelines: Outrage or Imperative has been made available online, and includes links to PDFs of the handouts and audio of the talks and discussion.

The speakers include Dr. Gary Franklin, probably the primary individual behind the WA Interagency Guideline on Opioid Dosing for Non-Cancer Pain, published in 2007, which is the main object of PRN’s lawsuits (links above), Dr. Jane Ballantyne, author of the widely misunderstood 2003 review, Opioid Therapy for Chronic Pain, and Dr. Scott Fishman who does an excellent job defending the standard of care for pain management, criticizing the research basis for the WA Guidelines, and generally reminding everyone of the realities of the pain crisis, the war on docs, the (mostly failed) history of regulatory efforts, and of the chilling effect he feels certain has been worsened by promulgation of the WA Guidelines.

So I highly recommend listening to Dr. Fishman’s talk. But even more interesting is the discussion after the talks were given. A doc in Atlanta tells how he is getting letters from insurance companies informing him that it has been determined that doses over 120mg are no longer considered safe; a lawyer informs the audience that the 120 mg number is showing up in criminal indictments of physicians, and physician “experts” are using the WA Guidelines as evidence for the prosecution in both criminal and licensure cases. The audio for this can be found (confusingly) after the “Introduction” by Gregory Terman - in the second part of the Terman Introduction Recording. So the Discussion is also very worth listening to, and the other talks are professionally done and informative.(2)

As usual, the academics ignore the elephant in the living room. Regarding review articles that wring their hands about the lack of long term evidence of the safety and efficacy of opioid analgesic therapy, they never discuss the impossibility of measuring the efficacy and safety of a therapy that almost no physician is comfortable doing properly. For an excellent analysis of what we might call the new academic opiophobia, see the State Tort Claim, pages 34 - 37.

I think this APS symposium, Dosing Guidelines: Outrage or Imperative, occurring as it did on the eve of PRN’s lawsuit against that misguided effort, may end up being a historical marker of the end of the era in which “The Central Principle of Balance” reigned uncontested. The pursuit of what I believe is an impossible balance - the apples of pain relief against the lemons of the drug war - has pretty much consumed the efforts of the public health, academic medical, medical ethics communities for decades, culminating in the amazing, vanishing DEA FAQ(3). I have long believed that “law enforcement does not deserve a place at the table where scientists and clinicians and politicians of good faith should meet to honestly assess the harm that has been done to criminalized drug users, pain patients and physicians and earnestly seek ways to undue the public health crisis stemming from our disastrous drug war juggernaut.”(4)

So, hurray for the beginning of the end for the principle of balance as the only way to frame our issue! June 2008 marks a new era, in which the patients themselves enter the fray as primary actors re-framing the debate to one in which we see an opiobhopic culture backed by governmental force denies a vulnerable citizenry of their civil liberties and access to the FDA approved medications they need to survive.

The new framework focuses on the rule of law, a matter for the courts - discriminated-against citizens vs the Govt, not ad-hoc working groups of cops and docs. This framework puts academic research and researchers back in their proper roles, as we no longer need them so much as lead-negotiators, researchers can do their research, the standard of care for pain evolves, and the patients and their lawyers will refer to it.

Very nice historical markers! This APS conference on the one hand, and the WA Complaint and WA State Tort lawsuits on the other. Enjoy the links!



Footnotes:
   1. Symposium #302 - Opiate Dosing Guidelines: Outrage or Imperative. American Pain Society’s 27th Annual Scientific Meeting, May 8-10, 2008. PDF’s and audio are available.

   2. The usual information is reviewed:
      * prescribing is up in response to research over the past decades regarding the horror of a global crisis of untreated and mistreated pain, and regarding the safety and efficacy of opioid titration to analgesic effect, which is the current standard of care;
      * undertreatment, denial of treatment, and access barriers to pain relief are still the defacto rule, the pain crisis rolls on and the drug war still reigns supreme;
      * even for cancer pain where most progress was made, undertreatment is still more prevalent, or at least as prevalent, as adequate treatment;
      * efforts at monitoring prescribing have always backfired (but hope spring eternal, unfortunately);
      * rates of prescription drug abuse (which is not directly measured) may be up, and this may or may not have anything to do with doctor-patient prescribing relationships;
      * legislative efforts, like Intractable Pain Acts passed by several states, produce conflicting results at best (they apparently legalize opioid prescribing for pain, but the pogrom against pain patients and docs continues - Frank Fisher being the classic example - so the net is negative - a net increase in the chilling effect on the appropriate prescribing of pain relieving medications.

   3. THE PATHOLOGICAL DEA: The War on Doctors and the Pain Crisis in the Aftermath of the DEA FAQ Debacle. Compiled by: Alex DeLuca, M.D., MPH; Addiction, Pain, and Public Health website; 2006-04-16. Modified: 2007-09-11. Available.

   4. The Solution is NOT More Negotiation with Law Enforcement. War on Drugs, War on Doctors, and the Pain Crisis in America. Alex DeLuca, Columbia School of Public Health, 2004. Available.

[END]


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

doctordeluca@painreliefnetwork.org

 

 
 
 

#2 2008-07-12 11:00:01

MissDiva
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Re: Opioid Dosing Guidelines: Outrage or Imperative

docalex wrote:

The speakers include Dr. Gary Franklin, probably the primary individual behind the WA Interagency Guideline on Opioid Dosing for Non-Cancer Pain, published in 2007, which is the main object of PRN’s lawsuits (links above), Dr. Jane Ballantyne, author of the widely misunderstood 2003 review, Opioid Therapy for Chronic Pain, and Dr. Scott Fishman who does an excellent job defending the standard of care for pain management, criticizing the research basis for the WA Guidelines, and generally reminding everyone of the realities of the pain crisis, the war on docs, the (mostly failed) history of regulatory efforts, and of the chilling effect he feels certain has been worsened by promulgation of the WA Guidelines.

So I highly recommend listening to Dr. Fishman’s talk. But even more interesting is the discussion after the talks were given. A doc in Atlanta tells how he is getting letters from insurance companies informing him that it has been determined that doses over 120mg are no longer considered safe; a lawyer informs the audience that the 120 mg number is showing up in criminal indictments of physicians, and physician “experts” are using the WA Guidelines as evidence for the prosecution in both criminal and licensure cases.

Thanks Alex.  I've only just begun to go through this information and started with Fishman's talk.  Excellent points are made.  Interesting about the Oregon Pain Commission in regards to the WA dosing guidelines.  Don't know why I thought that these two states were in bed together; must have not done all my 'required reading'. :|

Fishman brings up some valid points regarding PMP's.  Especially the comment (not a direct quote) They are coming so lets make them physician tools instead of physician mousetraps.  Well done.

Everybody, if you haven't done so, please look and listen to this.  If you are considering letter-writing, this will point you in the right direction.

On to the rest...

Thanks again, Alex.


MissDiva ~ Pat

Actions speak louder than words.

 

 
 
 

#3 2008-07-12 12:26:03

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Re: Opioid Dosing Guidelines: Outrage or Imperative

I thought it was interestiing when Dr. Terman cancer survivor and chronic pain patient asked Dr. Franklin 'why did the State of WA decide to only refer these guilelines to non cancer pain patients?' 'And it seems from the outside this was a political decision and to include cancer pain would have been politically inteniable.'

Franklin dodged.

Terman asked him 'what was the medical difference between severe cancer pain and sever chronic pain?'

Franklin,"This was not directed at cancer pain."


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 2008-07-12 12:52:52

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Re: Opioid Dosing Guidelines: Outrage or Imperative

http://action.painfoundation.org/site/M … friendly=1

American Pain Foundation
PAIN MONITOR
July 2008

Alex brought this to my attention. Incredible, not a mention of PRN, the Schneider case nor the lawsuit.
One would think the other pain orgs, might consider PRN's work at least noteworthy.


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 2008-07-12 13:17:39

Tami
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Re: Opioid Dosing Guidelines: Outrage or Imperative

Dr. Neil from Atlanta and Attorney Jennifer Bowlen, hitting hard!


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

 

 
 
 

#6 2008-07-12 13:45:40

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Re: Opioid Dosing Guidelines: Outrage or Imperative

Tami wrote:

http://action.painfoundation.org/site/MessageViewer?em_id=7421.0&printer_friendly=1

American Pain Foundation
PAIN MONITOR
July 2008

Alex brought this to my attention. Incredible, not a mention of PRN, the Schneider case nor the lawsuit.
One would think the other pain orgs, might consider PRN's work at least noteworthy.

This has been sitting in my inbox and I've been hesitant to open it.  What incredible BS to not even mention current legal actions.  As a CPP, I would want to know everything not just propaganda like Vitamin D is the new cure-all for joint pain or that Cymbalta is the latest drug approved for Fibromyalgia. OMG, another f'ing anti-depressant? Just the fact that APF brings these issues into spotlight without addressing current legal events, tells me that something is very wrong with the big picture; there's an awful lot of static.


MissDiva ~ Pat

Actions speak louder than words.

 

 
 
 

#7 2008-07-12 14:27:53

MissDiva
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Re: Opioid Dosing Guidelines: Outrage or Imperative

Tami wrote:

Dr. Neil from Atlanta and Attorney Jennifer Bowlen, hitting hard!

WHO are they?


MissDiva ~ Pat

Actions speak louder than words.

 

 
 
 

#8 2008-07-12 14:34:37

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Re: Opioid Dosing Guidelines: Outrage or Imperative

They were hammering away at Dr. Franklin, 302 Opiate Dosing Guidelines: Outrage or Imperative
Number 3 in the lecture symposium series.


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

 

 
 
 

#9 2008-07-12 14:37:48

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Re: Opioid Dosing Guidelines: Outrage or Imperative

101 Chronic Pain in Adults: Is It Influenced by Early Life Events?
May 8, 2008: 9:00 AM
Ballroom BC (Tampa Convention Center)
Moderator:Gary J. Macfarlane, MD
Chronic Pain in adults: is it influenced by early life events?
Gary J. Macfarlane, MD

301 Genetic Variations in Susceptibility to Chronic Pain and Pain Processing
Susceptibility to chronic pain is most likely polygenic, meaning that chronic pain susceptibility is determined by the interaction of multiple genes. Thus, a major challenge is to identify genes that initiate and maintain chronic pain, as variants of these genes may influence the pain susceptibility of individual patients. This session will present animal and human models that assess genetic influences to chronic pain. Dr. Michael Costigan will discuss combining rodent screens with human genetic screening to define the fundamental molecular determinants of neuropathic pain sensitivity. Dr. Jeffrey Mogil will present mouse data describing genetic influences on inflammatory pain. Dr. Jon Kar Zubieta will present data on common genotypes and haplotypes affecting dopamine and opioid neurotransmission, and how those modulate the pain experience in humans. Ample time will be allocated for questions. This symposium is supported by the efforts of members of the Genetics and Pain SIG.

302 Opiate Dosing Guidelines: Outrage or Imperative
This symposium and discussion will examine the development and implementation of the Washington state guideline, data concerning the risks and benefits of opiate therapy for chronic nonmalignant pain and the ethical implications of state or federal guidelines for pain therapy. The symposium will include 4 brief presentations (60 min) followed by a panel discussion with questions from the audience (30 min). Dr. Gary Franklin MD, MPH, Medical Director for the Department of Labor & Industries in the State of Washington will describe the guideline. Dr. Jane Ballantyne MD FRCA, Chief, Division of Pain Medicine, Department of Anesthesia and Critical Care, Massachusetts General Hospital will briefly review the literature demonstrating risks and benefits of opiate therapy for chronic nonmalignant pain. Dr. Scott Fishman MD, Chief, Division of Pain Medicine, Department of Anesthesiology and Pain Medicine at University of California, Davis and vice-chair of the American Pain Foundation will discuss the risks of opiate guidelines limiting optimal pain treatment. Dr. Mark Sullivan MD PhD, Professor, Department of Psychiatry, University of Washington and previous APS Ethics Committee Chairman will discuss the ethics of withholding opioid treatment and his data concerning undertreatment of pain comorbidities in opiate-treated patients.

303 Acute Pain In The Emergency Department: Clinical Practice, Research And Development
Management and research in acute pain treatment has focused on post-operative settings (dental, ob/gyn, orthopedic, etc). However, largely due to accreditation directives, pain as an important entity for patient care and comfort has become a critical issue. Dr. Todd will discuss the epidemiology and current status of acute pain and its management in the ER. For the clinician this pain is derived from a variety of pathologies making management a dynamic challenge. Dr. Hewitt will discuss recent experience with analgesic trials in the ER. For these researchers the designing and conducting controlled trials in this unique environment can be daunting. As we learn more about these patients we realize that their pain does not mirror post-op experiences and their needs can be dramatically different. Dr. Rappaport will outline some of the issues that need to be carefully evaluated and validated for this population to be considered in a proper light for consideration as an important model for FDA review. For the regulator the protection of patients and assurance of therapies that are safe and effective requires a thorough understanding of the nature of responses to these acute pain treatments.


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

 

 
 
 

#10 2008-07-12 19:59:28

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Re: Opioid Dosing Guidelines: Outrage or Imperative

Pat wrote:

This has been sitting in my inbox and I've been hesitant to open it.  What incredible BS to not even mention current legal actions.  As a CPP, I would want to know everything not just propaganda like Vitamin D is the new cure-all for joint pain or that Cymbalta is the latest drug approved for Fibromyalgia. OMG, another f'ing anti-depressant? Just the fact that APF brings these issues into spotlight without addressing current legal events, tells me that something is very wrong with the big picture; there's an awful lot of static.

Getting a bit "jaded," my friend. (smile)


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

 

 
 
 

#11 2008-07-12 21:34:30

MissDiva
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Re: Opioid Dosing Guidelines: Outrage or Imperative

Tami wrote:

Pat wrote:

This has been sitting in my inbox and I've been hesitant to open it.  What incredible BS to not even mention current legal actions.  As a CPP, I would want to know everything not just propaganda like Vitamin D is the new cure-all for joint pain or that Cymbalta is the latest drug approved for Fibromyalgia. OMG, another f'ing anti-depressant? Just the fact that APF brings these issues into spotlight without addressing current legal events, tells me that something is very wrong with the big picture; there's an awful lot of static.

Getting a bit "jaded," my friend. (smile)

Yea, I think.  Thanks for the answer on 'WHO are they?'  I hadn't gotten that far.  I had to listen again to Franklin; some of the stuff he said was really biased and still haven't made the connection on some of the points like smokers who take opiates (as related to morbidity).  Away we go -


MissDiva ~ Pat

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#12 2008-07-13 11:09:56

Tami
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Re: Opioid Dosing Guidelines: Outrage or Imperative

My favorite Franklin quote from this presentation, "people are dying."


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

 

 
 
 

#13 2008-07-13 18:02:55

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Re: Opioid Dosing Guidelines: Outrage or Imperative

MissDiva wrote:

Tami wrote:

Dr. Neil from Atlanta and Attorney Jennifer Bowlen, hitting hard!

WHO are they?

Hi Diva,

Dr. Neil and Counselor Bolen spoke as audience members of this Symposium.

Don't know of Dr. Neil - I think he identified himself as a GP or Family Doc or primary care doc from Atlanta.

Lawyer Bolen has been around the war on docs for a while - on both the defense and prosecution side. She was out-ed in that latter role by Tina Rosenberg in her NYTimes magazine article "When is a Doctor a Pusher," published in 2007, for her (Bolen's) part in the infamous "War on Doctors Prosecutors' Cheat Sheet."

Read all about it:  http://doctordeluca.com/wordpress/index.php/archive/wod-prosecutor-cheat-sheet/152/

In the Discussion part of the audio, found in the Terman Introdution Recording part referred to previously in this Topic, Counselor Bolen is wearing her white hat identifying herself as a lawyer defending pain docs or words to that effect, and says some VERY important things, about the widespread and extremely damaging effect on pain doc prosecutions that WA state's new Dosing Guidelines are having, at both Fed and state licensure levels.

What Bolen and Neil both say is particularly important because it supports a central charge of our lawsuit - that, regardless of what Dr. Franklin and the Gang of AMDG intended, the EFFECTS of this rouge (without legislative authority) effort is negative (harm has been, and is being increasingly, done), in precisely a way that would be expected to intensify the chilling effect, making adequate opioid therapy ever more difficult to access across the land, especially for the sickest patients needing higher doses and for compassionate physicians attempting to practice to the standard of care for chronic pain.


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

doctordeluca@painreliefnetwork.org

 

 
 
 

#14 2008-07-24 13:25:29

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Re: Opioid Dosing Guidelines: Outrage or Imperative

Tami wrote:

My favorite Franklin quote from this presentation, "people are dying."

Yeah, we ALL die, the REAL question is will we die in peace or in agonizing pain!  True addicts WILL get their drugs regardless, it's the suffering, broken-bodied CPP who will be left to suffer and yes to DIE, in an unimaginable torment.

                                   Keep up the good fight,
                                                                     Jordan

Last edited by jordan (2008-07-24 13:28:19)


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