Posted on 07/20/2018 5:05:50 AM PDT by GailA
Robert D. Rose Jr. implored a federal judge Tuesday to consider the plight of military veterans denied relief from chronic pain by the Department of Veterans Affairs as a result of recent VA policies drastically limiting the amount and type of opioid-based pain medications prescribed for treatment.
U.S. District Judge Travis R. McDonough listened to impassioned arguments by Rose in support of an injunction he filed that could have opened the possibility of other veterans seeking legal options to being denied long-prescribed opioid medications. McDonaugh also heard responses from government attorneys who maintained the VA is rightly following recent federal policy in weaning many veterans off opioid-based medications.
McDonough denied issuing an injunction, saying that Rose offered insufficient proof, effectively narrowing the scope of the lawsuit filed last year to Rose vs. the Mountain Home VA Medical Center and releasing a number of doctors and other defendants initially named in the November 2017 civil action.
Rose, 52, of Gray, said he continues to suffer debilitating pain since being tapered off opioid pain medications beginning in 2016 for chronic medical conditions connected to his service as a Marine. He maintains VA policies drastically affect his quality of life, along with many other veterans now compelled to seek alternate methods of pain relief.
Chattanooga-based McDonough also set a July 2019 trial date for the lawsuit. The case will be heard in U.S. District Court in Greeneville.
“I’m not going to stop fighting this,” Rose said Tuesday afternoon as he left the courtroom.
Rose sought to obtain an order from the judge to suspend the VA and Department of Defense policy tapering off prescription of opioid-based medications for former and current members of the military.
In his amended complaint, Rose made a number of legal claims naming as defendants the U.S government, the VA and individual medical providers who treated him, along with U.S. Rep. Phil Roe, who was earlier excused by McDonough from attending the hearing.
Government lawyers maintained at the hearing that Rose alleged no “viable cause of action” against the defendants. For purposes of the injunction sought, McDonough agreed.
McDonough said while announcing his ruling on one of the allegations that Rose “is not likely to win on the merit of his claims.”
Rose said he cannot afford a lawyer and represents himself. Assistant U.S. attorneys Kenny L. Saffles and M. Kent Anderson represented the government.
Rose’s legal arguments cover a wide range of legal territory, including various constitutional violations, violation of the Medicare Act, violation of the Proxmire Act that likens the alleged actions of the VA and other defendants to “genocide,” violation of international treaties signed by the U.S. that cover humanitarian law, violation of the Americans with Disabilities Act, medical malpractice, and alleged libel and slander.
Rose named Roe in the lawsuit, but McDonough said after a teleconference earlier this week that the congressman did not have to appear at the hearing because his is not directly connected to the VA. Roe, chairman of the House Committee on Veterans’ Affairs and a medical doctor, called lawsuit allegations about him “frivolous” in a court document.
Rose told McDonough in court that the VA opioid policy affecting him and many others puts veterans in the same category as habitual drug users and is “unjustifiable.”
“They’re doing this the same way they did Agent Orange. They ignored it and denied it for 30 years,” Rose said.
He cited rising suicide rates among veterans and said federal figures for prescribed opioid overdoses are inflated, while the overdose rates for powerful drugs purchased on the street like heroin and fentanyl on the streets continue to rise.
The stricter VA policy is “a death sentence for people like me and (others),” Rose said.
“You have a power. You’re a federal judge,” Rose told McDonough. “You can save lives. The choice is yours.”
Rose was told in 2016 by a VA provider that his prescription for morphine would gradually “taper” and then be stopped.
Rose answered in the affirmative when asked by Saffles if he has seen a private physician since last year after obtaining insurance. He is prescribed some medication that helps his health conditions, but not at the level he received from the VA to mitigate constant pain.
Rose denied breaking a “pain contract” he signed with the VA in 2016, and challenged Saffles to produce proof that showed he did.
Rose obtained private insurance in July 2017.
“It took that long because I was thinking the VA had my best interests in mind. They did not,” he said.
The Marine veteran who suffered a debilitating service-related injury filed the lawsuit last year in U.S. District Court. It seeks a total of $350 million in damages from defendants that included employees of the Mountain Home Veterans’ Affairs Medical Center and Roe.
Rose, a former teacher who is now disabled, served in the Marine Corps from 1983 to 1994. He is now on 100 percent disability due to service-related injuries that affected his back, spine and legs and caused other complications that leave him in constant pain. He is also a diabetic and has other medical conditions.
Rose seeks personal damages of $100 million “for pain, suffering and extreme torment” since Nov. 1, 2016, “after being forced on pain medication taper on Oct. 15, 2016, as part of VA policies supported by (Roe),” the complaint said.
The civil rights violation lawsuit also asks for punitive damages of $250 million, with the amount to be placed in a trust to be used to provide free legal representation “to veterans and civilians being discriminated against by governmental agencies, medical and/or doctor offices and doctors to receive the best possible health care to include opioid-based medications for intractable pain” and education of doctors and the public of the need for opioids to treat certain conditions.
I can relate. I have a high pain tolerance and an equivalent insensitivity to pain medication. Most just don’t work on me. When I’ve had to get stitched up, they generally have to give me twice the regular amount of anesthetic. Sometimes I just don’t say anything and go ahead—it’s unpleasant, but not as bad as having the doctor look at you like a whiner.
It makes for a very awkward situation when you go to the doctor and say pain meds aren’t working. You’re automatically assumed to be an addict or dealing. At least, that’s what I’ve felt—even though it’s in my records. It’s almost funny, since I prefer not to take anything.
My wife is the opposite—she can get loopy with a fraction of a regular dose. Sometimes, I wish we could switch responses.
Calling Laz for help with this plea for a CDC contact!
“””Sorry to blather on with this, but the back is like a tooth, when it aches, it can take over your life, which is what mine has done.”””””””””””
Yeah, I think I can relate to that. I have spondylolithesis, spondylolis, some scoliosis, stuff like that. Spent a lifetime in the construction business. I have never been able to go bowling because the twisting would put me on the ground.
I sit down a lot now because standing for any length of time sucks. I could have surgery if I wanted to stare at the ceiling for six months. A physical therapy regimen is best if it is actually followed. I won’t go the pain pill route because I would feel better but be stoned all the time.
I’m not at the CDC any more.
From all the reports I hear, it’s a Walking Dead site now.
LOL, everyone I know keeps trying to convince me to use a standing desk, but I have to explain to them that standing IS a problem for me, I am always looking to sit down.
What is that old saying they have in the military:
Never run when you can walk.
Never walk when you can stand.
Never stand when you can sit.
Never sit when you can lay down.
Never lay down when you can sleep.
Or something like that...
Don’t bother trying to reason with the anti-pain medication creeps on this thread. They’re morally superior to people who need pain medication/sarc
I go with the logic of if you don’t Vote Ya got no right to bitch.
Well I VOTE AND I’M GONNA BITCH WHEN I BELIEVE THAT IT’S NEEDED😜
My 2 February ER Trips I got 1 mg Dilauded, general pain was not the main issue. GASTRO was, 2 CT’s both with wrong diagnosis, wrong antibiotics. When the APN refused to fill my Valium which controlled the Gastropresis spasms, it allowed the valves between the to intestines to not close properly, it was like having labor pains as the spasms rolled through, and the Colon bacteria got into the Small Intestine, and caused Bacterial Overgrowth which they call SIBO which takes a very specific antibiotic for the GI tract. Not the Diverticulitis or UT they said I had. Blood Pressure was out of control because of the pain. 1 Mg Dilauded would not even bring the Hypertension head pain down. And it sure wasn’t going to work on Gastro Spasms. That takes Valium 10 mg and Lomotil 5 mg.
The attorneys normally set the amount of the lawsuits. They know the bigger hammer they yield, the more likely the other side will seek to settle the case. Just be glad you are not suing for damages, I am sure you would seek every penny you suffered for. I worked in legal for over 35 years. Until you have walked in the client’s shoes, you do not know the level of the suffering. I have seen some terrific suffering and they deserved every stinking dime they could get and the other side drug the cases on and on and on and on.
Hi, Laz! Probably smart of you. Pretty bad when the people we trust with our health have gone to the dark side.
Hope you are well! Are you coming to the shoot this October? We’d sure love to see you!
Meh. Most of them are pretty good, but they were getting 13% funding cuts back in the Obama years. Imagine now!!
Hope you are well! Are you coming to the shoot this October? We’d sure love to see you!
I'd love to be there. BOOP!
I got lots of new toys to show off. :)
Did you look at his picture? See the huge double chin? The massive gut hanging over his belt?
Yes I saw the pic.
IMO that’s not a huge double chin and I’ve seen way bigger guts than that.
Try this:
https://www.bing.com/images/search?q=overweight+people&FORM=HDRSC2&PC=APPL
BOOP!
Then you need to start making plans! :) We do like new toys!
I agree Gail.
We also don't know if he is on prednisone.
You ever try and lose weight when the drugs they stick you on cause it? Or you are not capable of walking more than a few feet before your back gives out or your GI tract goes into spasm?
My Gastro diet is minus all FIBER foods as I can’t digest them, that means all carbs and protein. Which I count to keep weight down. Still runs my glucose up no matter how hard I work at it. I’ve not had a apple except in the form of baby food in 5 yrs. Takes 4 hrs to digest 2 eggs and 2 slices of toast, that would take you 1 hr. Result swollen painful colon, impactions that have to be surgically removed. Ribs painfully pushed out of place due to the swelling. That doesn’t even touch the Degenerative spine, damaged heart, which are all caused by their FDA Approved drugs. I’ve not sued any one, dutifully report the drug reactions, not a 1 of the dangerous drugs that are Black Boxed are removed from the market. Still out there damaging more people. Walk the last 30 yrs in my shoes of failed surgery, drug reactions, ER/hospitalizations for those drug reactions, before you make a blanket judgement.
I didn’t chose this life, those dam* FDA drugs did. All I wanted was the Fibro pain and OA pain to stop so I could function. Each one brought more damage for life.
Mr Roe didn’t chose his life of pain either, being old and a Marine did. He is asking for decent care he’s not getting. That VA Center is one of the Worse in TN besides Memphis.
I judge on results as well as how I’m treated. 1 doc sued a poster for a bad review. So I stopped reviewing, but don’t hesitate to tell others seeking a service to avoid a certain doc. Lost half my hearing to a POS SADISTIC CHEAPSKATE who has a standalone surgery center with a hotel attached to it. Not even an Anthologist, he guessed at the anesthesia Versed you needed. 1 Nurse Pre/Post OP to do IV’s. And a aid who spent more time playing with her hair than working. Top Rated by foot.
TENNESSEE has basically FEW pain clinics, they’ve all but a few have shut down. NOW who is going to treat you? We wanted our Specialist to do so. I don’t trust a Pill Mill with a APN or NP running it, not a doc who doesn’t specialize in Rare diseases as they are the hardest to treat and no Pill Mill can. VA shut pain meds down 3 months before the public. My Gastro testified it was impacting his major GI surgeries. 3 days was not enough for recovery.
I’m a PUKER when it comes to Opioids. But this gets even the Benzo Valium which after a decade I’ve never had a issue with withdrawal, just MORE PAIN driving my damaged heart into high state 2 hypertension, and I’m an a GASTRO patient, and all those Hypertension drugs are GI labeled along with Vision. Damaged my corneas in just 3 months and sent me into a SIBO attack as the Gastropresis spasms weren’t being controlled any more. 2 ER trips, 2 CT’s 2 wrong diagnosis, 2 wrong antibiotics, 5 trips to the Gastro/Neurologist, 3 trips to the Eye Specialist. 3 drug reactions. TORTURE PURE AND SIMPLE. It was cheaper to leave me on a working med for 4 health conditions.
If you mean the Mr. Rose in the story, 52 isn't old, unless you are a millennial.
If you are talking about the defendant in the frivolous complaint, Congressman Phil Roe, his representative, you'll need to provide more info. He might qualify as old at 72. But he was an US Army infantry major in Korea, not a Marine.
So I'm still not clear what or who you are trying to talk about.
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