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Judge: Patients cannot sue federal gov't
AP via CoCoTimes ^ | 2/29/8 | ROXANA HEGEMAN Associated Press Writer

Posted on 02/29/2008 3:34:41 PM PST by SmithL

WICHITA, Kan.—A federal judge on Friday denied a request by a patient-advocacy group to sue the federal government on behalf of patients of a physician who is charged with running a "pill mill" linked to 56 overdose deaths.

U.S. District Judge Wesley Brown urged about 40 of Dr. Stephen Schneider's patients, some of whom had come to the hearing on crutches, to seek care at the emergency room, not the court.

"If someone can prevent a criminal prosecution by filing a civil suit, there would be a flood of civil suits," Brown told the courtroom.

The judge said the patients had no standing to sue, and he refused to grant a request by the advocacy group for a temporary restraining order preventing the Justice Department from taking action against Schneider's clinic.

The Pain Relief Network, a nonprofit based in New Mexico, sued the Justice Department and the state earlier this month, claiming the clinic's 1,000 patients have been unable to find adequate care since Schneider's license was suspended in January.

Schneider, who is jailed without bond, faces 34 federal charges, including four counts of unlawful distribution of a controlled substance resulting in death. The Pain Relief Network filed the lawsuit on behalf of his patients.

Siobhan Reynolds, president of the group, said the judge did not take into account affidavits from patients who complained they could not find adequate care.

"Unfortunately it is yet another example of government at any level not acknowledging people in pain," Reynolds said.

(Excerpt) Read more at contracostatimes.com ...


TOPICS: Front Page News; Government
KEYWORDS: attacklawyers; classaction; lawsuitlottery
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... and John Edwards is deeply disturbed.
1 posted on 02/29/2008 3:34:42 PM PST by SmithL
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To: SmithL

Government healthcare anyone?


2 posted on 02/29/2008 3:35:19 PM PST by Nachum
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Brown, Wesley Ernest
Born 1907 in Hutchinson, KS

Federal Judicial Service:
Judge, U. S. District Court, District of Kansas
Nominated by John F. Kennedy on March 8, 1962, to a seat vacated by Delmas C. Hill; Confirmed by the Senate on April 2, 1962, and received commission on April 4, 1962. Served as chief judge, 1971-1977. Assumed senior status on September 1, 1979.

Education:
Kansas City School of Law, LL.B., 1933

Professional Career:
Private practice, Hutchinson, Kansas, 1933-1944
County attorney, Reno County, Kansas, 1935-1939
Secretary of corporation and attorney, Aircraft Woodwork Manufacturers, 1942-1944
U.S. Navy Lieutenant, 1944-1946
Private practice, Hutchinson, Kansas, 1946-1958
Referee in Bankruptcy, U.S. District Court for the District of Kansas, 1958-1962



Race or Ethnicity: White

Gender: Male

3 posted on 02/29/2008 3:37:12 PM PST by SmithL (That's my story & I'm sticking to it!)
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To: SmithL
Dr. Stephen Schneider's patients, some of whom had come to the hearing on crutches, to seek care at the emergency room, not the court.

Totally off-topic...

Are basic grammar skills required for writing jobs these days?

4 posted on 02/29/2008 3:38:14 PM PST by Bloody Sam Roberts (Great spirits will always encounter violent opposition from mediocre minds.)
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To: Bloody Sam Roberts

Wow, that sentence makes no sense at all.


5 posted on 02/29/2008 3:39:36 PM PST by Crazieman (The Democrat Party: Culture of Treason)
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To: SmithL

Wow, 101 and still kickin.


6 posted on 02/29/2008 3:40:38 PM PST by HANG THE EXPENSE (Defeat liberalism, its the right thing to do for America.)
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To: SmithL

isn’t it interesting that the libs are all in favor of suing private healthcare providers for their mistakes but when the government is to blame... tough. that is how socialism achieves its cost savings.


7 posted on 02/29/2008 3:50:56 PM PST by Brilliant
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To: SmithL
Government absolving itself of all blame: the REAL gotcha of government-run "health care"!

Yeah...the day I want the same type of clowns who run FEMA in charge of my health care will be the day I need to be shipped off to the funny farm.

8 posted on 02/29/2008 3:52:59 PM PST by Digital Sniper (Hello, "Undocumented Immigrant." I'm an "Undocumented Border Patrol Agent.")
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To: SmithL
" Nominated by John F. Kennedy on March 8, 1962, to a seat vacated by Delmas C. Hill; Confirmed by the Senate on April 2, 1962, and received commission on April 4, 1962.

Well, there'll be no more of that in this dummicrat congress, I tell you.

9 posted on 02/29/2008 3:59:53 PM PST by knarf (I say things that are true ... I have no proof ... but they're true.)
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To: SmithL

You sure you have the right one?


10 posted on 02/29/2008 4:03:18 PM PST by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: Blood of Tyrants

I understand your question. He’s the ONLY Wesley Brown in the federal database.


11 posted on 02/29/2008 4:06:36 PM PST by SmithL (That's my story & I'm sticking to it!)
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To: Brilliant; Digital Sniper

They aren’t even claiming that the government made a medical mistake. They just want the government to let Schneider out of jail, and give him back his license, so he can continue practicing fraudulent medicine.

How’s that for HillaryCare?


12 posted on 02/29/2008 4:11:26 PM PST by SmithL (That's my story & I'm sticking to it!)
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To: SmithL

There is definitely not enough information in this article about the case to know what’s what.

Here’s some more background from a quick Google of “Dr. Stephen Schneider drugs”:

http://www.cpmission.com/main/painpolitics/schneider.html


13 posted on 02/29/2008 4:20:19 PM PST by yefragetuwrabrumuy
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To: Blood of Tyrants; imahawk; knarf
From President Bush to local lawyers, judge, 99, is: District Judge Wesley Brown in Wichita was sworn in by John F. Kennedy in 1962.

Byline: Fred Mann

Jun. 23--U.S. District Judge Wesley Brown says he'd rather be known as a good judge than an old judge. But Thursday he turned 99 and had to deal with the fuss people made over it. Friends, staff and media, not to mention the president of the United States and the chief justice of the U.S. Supreme Court, decided it was a big deal. "I've had more publicity than I deserve," Brown said ...

http://www.accessmylibrary.com/coms2/summary_0286-15704033_ITM

14 posted on 02/29/2008 4:21:21 PM PST by SmithL (That's my story & I'm sticking to it!)
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To: Bloody Sam Roberts
It might help if you read/post the ENTIRE sentence:

U.S. District Judge Wesley Brown urged about 40 of Dr. Stephen Schneider's patients, some of whom had come to the hearing on crutches, to seek care at the emergency room, not the court.

The Court does not provide medical care -- which is what they are seeking.

15 posted on 02/29/2008 6:19:07 PM PST by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: SmithL

101? I’ll do some checking on my own.


16 posted on 02/29/2008 8:01:59 PM PST by PAR35
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To: PAR35; SmithL

Looked up his picture. He doesn’t look a day over 90.

I expect he doesn’t take a lot of guff or timewasting in his courtroom.


17 posted on 02/29/2008 8:04:47 PM PST by PAR35
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To: Blood of Tyrants

I looked too. He’s really that old.


18 posted on 02/29/2008 8:06:14 PM PST by PAR35
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To: yefragetuwrabrumuy
There is definitely not enough information in this article about the case to know what’s what.

Here you go:

Jailed Doctor’s Patients to Sue Govt

Patients of a physician who is charged with running a "pill mill" linked to 56 overdose deaths plan to sue the government, claiming it has put patients in mortal danger and created a public health disaster by prosecuting the doctor. . . .

The group's lawsuit . . . seeks an emergency temporary restraining order. It contends the Board of Healing Arts and a Kansas district court ignored the danger to 1,000 medically vulnerable patients who have been forcibly abandoned and must now fend for themselves. . . .

The Pain Relief Network contends that the suspension of [Dr. Stephen] Schneider's license served no legitimate government interest but harmed his patients because it forced the closure of his clinic. Since Schneider's arrest, other doctors have been reluctant to take on his patients, the group said.

The group seeks an emergency order forcing the Board of Healing Arts to restore Schneider's medical license. It also seeks to restrain the Justice Department from harassing a new clinic to be opened under a different doctor, Dr. Joseph M. Sack, at Schneider's now-shuttered Haysville facility.

The group wants an injunction against the Justice Department prohibiting it from confiscating patient files or taking any other actions to impede its treatment of patients in severe pain. It also asks that prosecutors return to the clinic patient files taken in what the group alleges is a violation of federal law.

The lawsuit also asks the court to appoint a special master to oversee the reopened clinic's financial operations to protect it from charges of money laundering.

Click to read article in full.

See also:
Pain Relief Network v Kansas, Mukasey, DOJ, et al

Case docket number 6:08-cv-1048, U.S. District Court, District of Kansas

19 posted on 02/29/2008 8:09:13 PM PST by Sandy (Apology demanders suck.)
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To: Blood of Tyrants; SmithL

Judge born in 1907? Hey, they’re Democrats; if the dead can vote they can darn well be judges.


20 posted on 03/01/2008 3:42:16 AM PST by 668 - Neighbor of the Beast (Four more days of Clinton II.)
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