Posted on 01/27/2006 10:48:17 AM PST by JTN
The same judicial system that prosecuted Richard Paey for obtaining too much pain medication is now supplying him in prison with more than that amount to ease his tremendous pain.
60 Minutes correspondent Morley Safer reports on this case, in which an accident victim's quest to medicate his pain ran afoul of drug laws, this Sunday, Jan. 29 at 7 p.m. ET/PT.
A long-ago car accident and failed spinal operation put Paey in such severe pain that only escalating amounts of opiate medication could relieve it.
"As I got worse, I developed a tolerance also with the medication and so I needed larger doses," says Paey, who describes the pain as burning in his legs. "It's an intense pain that, over time, will literally drive you to suicide."
Paey, who also suffers from multiple sclerosis, did try to commit suicide at one point.
After moving to Florida with his wife and children, Paey says doctors there were wary of prescribing the amounts of pills he needed as that would draw the attention of law enforcement. So he persuaded his longtime New Jersey doctor to continue prescribing his medication in the high amounts necessary for relief. The doctor agreed to fax and mail prescriptions and sometimes verified them to pharmacists.
Paey's frequent refills did draw attention and, before arresting him for drug trafficking, the Drug Enforcement Agency visited his New Jersey physician, Dr. Stephen Nurkiewicz. When confronted by agents about the number of pills Paey had purchased — 18,000 in two years — Nurkiewicz rescinded initial statements of support for his former patient and said Paey was forging prescriptions.
"In Richard Paey's room ... were the raw materials to make prescriptions," Florida State Prosecutor Scott Andringa says. "They found a lot of documents that suggested forging prescriptions."
They also found 60 empty bottles of pain relievers, some of which surveillance teams had watched Paey purchase. Andringa says there was no evidence that Paey was selling his drugs, "but it is a reasonable inference from the facts that he was selling them, because no person can consume all these pills."
Paey, confined to a wheelchair, is now serving 25 years in a Florida prison. A jury convicted him of 15 counts of prescription forgery, unlawful possession of a controlled substance, and drug trafficking. He had the choice of entering a guilty plea in exchange for no jail time but, for him, that was no choice, says Paey.
"Had I accepted a plea bargain and carried that conviction on my record, I would have found it near impossible to get any medication," he says. "I didn't want to plead guilty to something that I didn't do."
Paey denies selling his medication, saying he took and needed all 18,000 pills. This scenario — 25 pills a day — is plausible, says Dr. Russell Portnoy, chairman of the Department of Pain Medicine at New York’s Beth Israel Hospital.
Once acclimated to a drug, patients can regularly take what would be lethal doses to ordinary people, Portnoy says.
"It really sounds like society used a mallet to try to handle a problem that required a much more subtle approach," says Portnoy. "If they had taken this man who had engaged in behaviors that were unacceptable and treated it as a medical issue, it seems like this patient would have had better pain control and a functional life instead of being in prison."
Andringa disagrees. "This case is not about pain patients, it's just not. This case is about prescription fraud. We were very reasonable in this case. But once somebody says, 'I'm not going to accept a plea offer however reasonable it is …' "
Paey gets all the medication he needs now, in larger doses than he was taking before, from the state through a pump connected directly to his spine. He is appealing his conviction.
The docs weren't taking care of the guys pain. That's a fact. Furthermore, it's not the citizens of FL that persecuted this guy; it's the prosecutor.
"The prosecutor and the drug warrior crowd went after this guy, because they claim 25 pills a day is too much. They claim he needs less."
When the docs aren't taking care of the guy's pain, and he forges presciptions to get the pain meds, thats not a crime under any theory of justice outside of barbarism. The people of FL are not barbaric. The prosecutor is for persecuting this guy. 25 pills a day is not unreasonable for spinal pain. The proof is in the spinal drip which he was given by the state.
His original problem is with the docs that are under pressure from the drug warrior barbarians that pressure them into under treating pain. They theaten them with dealing, if their prescription qtys don't fall within their guidelines.
"Occam'sRazor says he only needed 400/month and at one time was selling the other 400. Proof? I have none. Just common sense."
You people that would screw a guy like this are below pathogenic pond scum. Plea bargain indeed. May every cartilage in your body degenerate and you be left to fend for yourself.
I thought we (society) agreed that pain management would be handled by licensed physicians. That they, working with the patient, would write prescriptions for needed pain medication. I thought those were the rules that we all agreed to live by.
Now, suddenly, that system is no good? Now it's every man for himself? Screw the system? Screw the doctors? Screw the FDA? Screw the pharmaceuticals? Gimme my morphine and leave me alone?
The guy broke the law we all agreed was fair. The guy was illegally forging prescriptions. I say he was selling the excess, though he wasn't convicted of that.
The state was fair, offering no jail time and probation. More than fair. He spit in their face. He chose his fate.
We need more than one way to deal with those who break the rules than just throwing them all together in prison.
According to the article, he received 18,000 pills over two years -- that's about 800/month. In the last three months before he was arrested, he only filled prescriptions for half that many.
"Or maybe he wasn't able to get them."
He was either using copied prescriptions or writing his own. "Wasn't able to get them" is a non-starter.
"After 25 years?"
Nah. He'll get out sooner. There's talk that Jeb may give him a pardon. Hell, the guy's already been on 60 Minutes.
"Prospective jurors are often asked if they will vote to convict someone they believe to be guilty whether they agree with the law or not."
Yeah. I believe they asked the O.J. jurors that same question.
"One juror, Dwayne Hillis, told the Times he did not want to vote to convict Paey, but relented after he was assured by the jury foreman that Paey would receive probation."
The jurors are supposed to vote guilty or not guilty based on the evidence, NOT the potential sentence.
Yep. Lucky indeed that the DEA doesn't know about it.
Or, maybe, they DO know about it and it's not illegal as you say! Gasp!
They live in a make-believe world where actions have no consequences.
The pharmacist must confirm the prescription with the doctor. It's not as simple as writing one out for yourself.
Nah. He'll get out sooner. There's talk that Jeb may give him a pardon.
Hopefully. We'll see.
Hell, the guy's already been on 60 Minutes.
Actually, he hasn't been on 60 Minutes yet, but he will be tomorrow.
Yeah. I believe they asked the O.J. jurors that same question.
Are you sure about that? Why would you ask a juror if he agrees with laws on murder?
"One juror, Dwayne Hillis, told the Times he did not want to vote to convict Paey, but relented after he was assured by the jury foreman that Paey would receive probation."
The jurors are supposed to vote guilty or not guilty based on the evidence, NOT the potential sentence.
First of all, there are instances in history of widespread jury nullification resulting in needed reform.
But that is not the point. The above quote was posted in response to claims which you made that the jury voted to convict knowing the potential sentence. They did not.
The probability of life on other planets has what to do with this case? Was he selling drugs to aliens?
Occam's Razor states that one should make no more assumptions than needed. Or, put another way, the simplest answer is usually the correct answer.
Isn't that a common sense approach?
None of you people know jack about this problem.
They even think that they have the power to decree how much painkilling medicine their peers can use.
robertpaulsen wrote:
I thought we (society) agreed that pain management would be handled by licensed physicians. That they, working with the patient, would write prescriptions for needed pain medication. I thought those were the rules that we all agreed to live by.
Now, suddenly, that system is no good?
Prohibition has never been a good 'system', robby. People have always self medicated pain & suffering. Prohibitive laws don't stop that, they just drive it underground.
The guy broke the law we all agreed was fair.
Grow up & realize that only the socialists & prohibitionists of 1900 thought it "fair".. History has proved them wrong.
The guy was illegally forging prescriptions. I say he was selling the excess, though he wasn't convicted of that. The state was fair -- He spit in their face. He chose his fate.
You prohibitionists chose his painful fate paulsen. -- To your shame.
So you say. But he did just that, 15 times. And was convicted on all 15.
He gets his pain control from an intrathecal catheter, which cloggs up in 18 months on average. Then he is in trouble again.
http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=pubmed&dopt=Abstract&list_uids=3883219&query_hl=21
Is there a problem? I don't see a problem.
Nah. Not if the abnormality is identified using myelography and computed tomography leading to prompt surgical decompression. This will result in improvement of the patient's condition.
If you believe your own link.
Moj:
They live in a make-believe world where actions have no consequences.
Most of us here believe in a Constitutional Republic with reasonable regulations about drugs, etc.
You two believe in a communitarian 'majority rules society', with prohibitions on evil objects..
I said nothing of the sort, but since you're already assuming a number of facts not in evidence... there's not much point in discussing it further, is there?
That doesn't mean he would be able to everytime. I don't know what his methods were, but he probably had to pick his spots.
Let me ask you something. If the detectives tracking Paey were following him closely enough to be able to determine exactly how many pills he purchased from January to March of 1997, then how is it that they were unable to provide evidence of even one sale, if he was actually selling?
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