Advertisement

Archive for Friday, March 7, 2008

Suit dismissed in ‘pill mill’ case

March 7, 2008

Advertisement

— A federal judge threw out on Thursday a civil lawsuit filed by a patient advocacy group over the prosecution of a Kansas doctor accused of running a "pill mill" linked to 56 deaths.

U.S. District Judge Wesley Brown granted a motion by the Pain Relief Network for voluntary dismissal without prejudice.

"We will be refiling - where, we don't know. This is certainly not the end, it is just the beginning," said Siobhan Reynolds, president of the Pain Relief Network.

Brown's written order was based on the group's lack of standing to sue. He also cited case precedent prohibiting federal courts from unduly interfering with ongoing state proceedings, such as those at the Kansas Board of Healing Arts.

"We will be filing it as a national class action, not necessarily in Wichita," Reynolds said. "When a judge says you don't have standing, what it means in regular language is he doesn't want to hear it."

The U.S. attorney's office declined to comment on the dismissal.

Brown denied a motion for dismissal filed by the state of Kansas and the KBHA, calling it moot since the plaintiffs withdrew their lawsuit.

"I am pleased that case is not pending - and hope we don't have any more like it," said Mark Stafford, attorney for KBHA.

The Pain Relief Network sued last month on behalf of unnamed patients of Dr. Stephen Schneider. The New Mexico-based advocacy group claimed 1,000 patients could not find adequate medical care after the Kansas Board of Healing Arts suspended Schneider's license in the wake of a federal indictment.

Stafford said he has no personal knowledge that all of Schneider's patients are systematically being denied medical care.

"I have heard rumors that people are being denied care, but I don't know if this is the care of choice or the physician of choice or some other factor that is involved here," Stafford said.

Brown's written order follows a court hearing last week in which he refused PRN's request for a temporary restraining order preventing the Justice Department from taking any action against Schneider's clinic. Brown also denied the network's request to order the KBHA to restore Schneider's medical license.

The group had also asked the federal court to declare that patients have a fundamental right to receive pain relief through pharmaceuticals approved by the Food and Drug Administration.

Comments

Mariann 6 years, 1 month ago

56 is not good, but don't forget that bush has killed off almost 4000 americans so that a few wealthy ones can get even wealthier...... Nice, huh.

0

solsken66 6 years, 1 month ago

This group that had their case dismissed is not even from Kansas. They are from New Mexico. This is about a patient advocacy group from out of state who was trying to get some money for themselves. Now they are looking at filing a national class action which will more than likely be filed in another state. They are not looking at the deaths of patients, but rather that current patients were left without adequate medical care. Read the article again. This group would be the main receivers of monies if they won a judgment. These class action suites don't result in the defendants getting a large share of the monies. The law firm which hatched the idea will be the recipients of most of the money. The defendants might get enough money each to buy a soda. There are law firms around the country that just look at filing class action suites to make money for their firm. These leeches are not thinking about the people, but only about their own monetary bottom line.

0

madmike 6 years, 1 month ago

He is no better than a meth dealer, no, even worse, he has taken an oath to do no harm. I hope that he can be charged with charges relating to the 56 overdose deaths.

0

madmike 6 years, 1 month ago

Mon, this "doctor" has been involved in the overdose deaths of 56 other human beings. What the hell is wrong with you?

0

mom_of_three 6 years, 1 month ago

you do feel sorry for those patients who really need help, but hopefully, they can find a new doctor.

0

Commenting has been disabled for this item.