Pain (45 page)

41
. On the Suicide Funding Restriction Act, see “Oregon's Assisted Suicide Law Stands, but Debate Continues,”
AIDS Policy and Law
12, no. 221 (November 28, 1997): 18; for “I feel your pain …,” see President William Jefferson Clinton, “Statement upon Signing the Assisted Suicide Funding Restoration Act of 1997 (April 30, 1997),”
Public Papers of the Presidents of the United States, William J. Clinton
(Washington, D.C.: Government Printing Office, 1997), 515.

42
. For “The Lethal Drug Abuse Prevention Act …,” see National Right to Life News, “Action Request—U.S. Senators to Cast Four Crucial Votes Important to the Pro-Life Movement after the August Recess,” August 12, 1998, back cover,
www.nrlc.org/news/1998/NRL8.98/back.html
; for “If we've learned anything …,” see 144 Cong. Rec. E2148 (October 13, 1998),
www.gpo.gov/fdsys/pkg/CREC-1998-10-13/html/CREC-1998-10-13-pt1-PgE2147-2.htm
.

43
. For “legitimate medial purpose,” see Robert Pear, “House Backs Ban on Using Medicine to Aid in Suicide,”
New York Times
, October 28, 1999: for “it has certainly …,” see
Controlled Substances Act Amendments: Hearing on H.R. 2260 before the Subcommittee on the Constitution of the Committee on the Judiciary
, House of Representatives, 106th Congress, first session (Statement of Richard Doerflinger, associate director for Policy Development, secretariat for Pro-Life Activities, National Conference of Catholic Bishops), June 24, 1999.
http://commdocs.house.gov/committees/judiciary/hju62489.000/hju62489_of.htm
.

44
. On the Pain Relief Promotion Act, see Vida Foubister, “Some Fear Authority Shift in Pain Treatment Bill,”
American Medical News
(November 15, 1999); regarding the Hyde-Nickles bill, the North Carolina Medical Society voiced concerns that the pending federal bill would cause the DEA to “intrude more on doctor's offices.” For “I am strongly pro-life …,” see Rep. Ron Paul
(R-Texas), “Providing for Consideration of H.R. 2260, Pain Relief Promotion Act of 1999,” 145 Cong. Rec. (October 27, 1999): 27068.

45
. For AMA opinion and “bad bill on dying …,” see David Orentlicher and Art Caplan, “The Pain Relief Promotion Acts of 1999: A Serious Threat to Palliative Care,”
Journal of the American Medical Association
283 (January 12, 2000), 255–58; J. P. Freer, “Congress and the Pain Relief Promotion Act,”
Western Journal of Medicine
172 (2000): 5–6; “A Bad Bill on Dying,”
Washington Post
, February 16, 2000, A22; “An Improved Pain Relief Bill,” editorial,
American Medical News
, May 22/29, 2000; for increasingly split physician opinions, see “Legislation and End-of-Life Care,” letters to the editor,
Journal of the American Medical Association
283 (June 14, 2000): 2934–35.

46
. John A. Kitzhaber, “Congress's Medical Meddlers,”
Washington Post
, November 2, 1999, A21; “Senators Playing Doctor,” editorial,
Washington Post
, September 19, 2000, A22; John Hughes, “Assisted Suicide Battle Could Complicate Session Finale,”
Associated Press State & Local Wire
, October 16, 2000; Jim Myers, “Senate GOP Sinks Work of OK Leaders,”
Tulsa World
, December 10, 2000.

47
. For litigation, see Ashbel S. Green, “Ashcroft Buttresses Suicide Law Challenge,”
Oregonian
, September 24, 2002, A01; for “a classic states' rights …,” see Patrick J. Kapios, “Oregon v. Ashcroft 192 F. Supp. 2D 1077 (D. Or. 2002),”
Journal of Gender, Social Policy, and the Law
11 (2002–2003): 223–36.

48
. Michael J. Kennedy, “Libertarian Plods On—Alone and Unheard,”
Los Angeles Times
, May 10, 1988, 12.

49
. See Sandra H. Johnson, “Introduction: Legal and Regulatory Issues in Pain Management,”
Journal of Law, Medicine, and Ethics
26 (1998): 265–66; J. David Haddox and Gerald M. Aronoff, “Commentary: The Potential for Unintended Consequences from Public Policy Shifts in the Treatment of Pain,”
Journal of Law, Medicine, and Ethics
26 (1998): 350–52; Tim Jost, “Public Financing of Pain Management: Leaky Umbrellas and Ragged Safety Nets,”
Journal of Law, Medicine, and Ethics
26 (1998): 290–307; Ann M. Martino, “In Search of a New Ethic for Treating Patients with Chronic Pain: What Can Medical Boards Do?”
Journal of Law, Medicine, and Ethics
26 (1998): 332–49.

50
. See for example, Diane E. Hoffmann and Anita J. Tarzian, “Achieving the Right Balance in Oversight of Physician Opioid Prescribing for Pain: The Role of State Medical Boards,”
Journal of Law, Medicine, and Ethics
31 (2003): 21–40; Pain and Policy Studies Group, University of Wisconsin Comprehensive Cancer Center, “Achieving Balance in Federal and State Pain Policy: A Guide to Evaluation,” July 2000,
www.medsch.wisc.edu/painpolicy/eguide2003/index/eguide2003.pdf
. See also Barry Meier, “The Delicate Balance of Pain and Addiction,”
New
York Times
, November 25, 2003, F1. In New York State, for example, the moderate Republican governor George Pataki signed new legislation in August 1998 changing the legal definition of “addict” and “habitual user” to exclude cancer patients and others who used controlled substance for legitimate medical use. Previously, practitioners who “prescribed controlled substances for long-term medical need, such as cancer pain, were required to report their patients to the Department [of Health] as ‘addicts' or ‘habitual users.'” New York State Controlled Substances Law, 1998.

1
.
The Rush Limbaugh Show
, Premiere Radio Networks. October 5, 1995. Quoted in Lynne R. Webster and Beth Dove,
Avoiding Opioid Abuse While Managing Pain
(North Branch, MN: Sunrise River Press, 1007), 7. See also Clarence Page, “Call for Treatment Instead of Jail,”
Chicago Tribune
, November 19, 2003, 29.

2
. “Internet Pharmacies: Hydrocodone, an Addictive Narcotic Pain Medication Is Available without a Prescription through the Internet,”
Testimony before the Permanent Subcommittee on Investigations, Committee on Governmental Affairs, U.S. Senate
(Statement of Robert J. Cramer, managing director, Office of Special Investigations, United States General Accounting Office), June 17, 2004. Amy Cadwell, “In the War on Prescription Drug Abuse, E-Pharmacies are Making Doctor Shopping Irrelevant,”
Houston Journal of Health Law and Policy
(2007): 85–126.

3
. Robert Brenner,
The Boom and the Bubble: The U.S. in the World Economy
(New York: Verso, 2002).

4
. G. Cohen, “The ‘Poor Man's Heroin': An Ohio Surgeon Helps Feed a Growing Addiction to OxyContin,”
U.S. News and World Report
130 (2001): 27.

5
. For discussion of drug regulation, see Daniel Carpenter,
Reputation and Power: Organizational Image and Pharmaceutical Regulation at the FDA
(Princeton: Princeton University Press, 2010); for “the 1962 reforms …,” see Allan Parachini, “The Medical Community Ponders ‘a Touchy Subject,'”
Los Angeles Times
, July 9, 1981, G1. As the author noted, “However, aids have tried to distance themselves from that statement—which Reagan made during the transition after the 1980 presidential election.”

6
. For “we stand on the threshold …,” see Reagan, State of the Union address, 1985,
Public Papers of the Presidents: Ronald Reagan
(Washington, D.C.: United States Government Printing Office, 1985), 131; for deregulation and bringing drugs to market, see Stan Chock and Albert R. Karr, “Reagan Starts Moving on Deregulation,”
Wall Street Journal
, February 19, 1981, 56; for Schweiker's
actions, see Cristine Russell, “Loss of FDA's Independence Feared as Schweiker Tightens Reins,”
Washington Post
, September 1, 1982, A8.

7
. Feder Barnaby, “The Boom in Arthritis Drugs,”
New York Times
, April 23, 1982, D1.

8
. For sedentary lifestyle, see Philip M. Boffey, “Pain Victims' Care Faulted by Panel,”
New York Times
, May 22, 1986, B14; for “headaches are a malady …,” see Jon Van, “Pain Research Gives Bad Ratings to TV,”
Chicago Tribune
, October 22, 1985, 5.

9
. For Lilly's Oraflex, see Feder, “Boom in Arthritis Drugs”; for “some wild rides …,” see Stan Kulp, “Stiff Competition: Number of Antiarthritic Drugs Grows Rapidly,”
Barron's National Business and Financial Weekly
, June 18, 1982, 26; for Oraflex popularity, see “Arthritis Drug Oraflex Withdrawn from Market,”
Chicago Tribune
, August 5, 1982, 1; for Oraflex sales figures, see “Lilly Halts World Sales of Arthritis Drug, Plans $11.4 Million Charge Against Net,”
Wall Street Journal
, August 5, 1982, 4; for patient enthusiasm, see “Once a Day Arthritis Treatment Gets the Nod,”
Atlanta Daily World
, May 9, 1982, 5.

10
. For problems with Oraflex, see “Arthritis Drug Oraflex Withdrawn from Market,” 1; “At Least Eight Deaths Tied to Arthritis Drug,”
Baltimore Sun
, July 31, 1982, A5; for impact on the company, see “Lilly Halts World Sales of Arthritis Drug,” 4; “Lilly Says Grand Jury Now Is Investigating Firm's Oraflex Drug,”
Wall Street Journal
, April 24, 1984, 49.

11
. For Lilly's argument, see “Lilly Halts World Sales of Arthritis Drug,” 4; for “out of fear …,” see “U.S. Toughens Plan for Quicker Review of Drug Products,”
Wall Street Journal
, October 19, 1982, 12.

12
. “U.S. Refused to Prosecute Lilly Officials,”
Baltimore Sun
, August 29, 1985, 19A; for Conyers, see Philip Shenon, “U.S. Is Said to Have Dropped Three Officials from Lilly Case,”
New York Times
, August 29, 1985, A20.

13
. For Democrats' charge, see “Justice Department Defends Handling of Lilly Case,”
Los Angeles Times
, September 12 1985, D4; for “the agency's need …,” see Morton Mintz, “Drug Approval Hit,”
Washington Post
, July 21, 1987, H6. Zomax had been withdrawn from the market in the spring of 1983, and congressional hearings had found that while the FDA had received reports of more than two thousand allergic reactions, key officials at the agency failed to act because they remained unaware of those reports. As a 1985
New York Times
editorial concluded, “The prescriptions for avoiding more Oraflex scandals are obvious enough … The FDA must be tougher in insisting on getting the data it needs to protect the public. As for the Justice Department, its failure to prosecute the case its staff lawyers had built is a disservice to the drug industry, the FDA's
reporting system and the public.” “Arthritis at the Justice Department,”
New York Times
, September 14, 1985, 22.

14
. For Toradol concerns, see C. J. Pearce, F. M. Gonzalez, and J. D. Wallin, “Renal Failure and Hyperkalemia Associated with Ketorolac Tromethamine,”
Archives of Internal Medicine
153, no. 8 (April 26, 1993): 1000–1002; R. P. Murray and R. C. Watson, “Acute Renal Failure and Gastrointestinal Bleed Associated with Postoperative Toradol and Vancomycin,”
Orthopedics
16, no. 12 (December 1993): 1361–63; for “anti-arthritis wonder drug,” see Morton Mintz, “Arthritis Drug Naprosyn May Be Taken off Market,”
Washington Post
, September 13, 1976, A8; for increasing concerns over Toradol, see T. L. Yarboro Sr., “Intramuscular Toradol, Gastrointestinal Bleeding, and Peptic Ulcer Perforation: A Case Report,”
Journal of the National Medical Association
87, no. 3 (March 1995): 225–27. In 1996,
JAMA
published a study that revealed significantly increased risk of bleeding after use of Toradol at high doses or after prolonged use. Brian Strom et al., “Parenteral Ketorolac and Risk of Gastrointestinal and Operative Site Bleeding: A Postmarketing Surveillance Study,”
Journal of the American Medical Association
275 (1996): 376–82; see also Luis Alberto Garcia Rodriguez, “Risk of Hospitalization for Upper Gastrointestinal Tract Bleeding Associated with Keterolac, Other Nonsteroidal Anti-Inflammatory Drugs, Calcium Antagonists, and Other Antihypertensive Drugs,”
Archives of Internal Medicine
158 (1998): 33–39.

15
. For industry profit speculation, see N. R. Kleinfeld, “Arthritis: Building an Industry on Pain,”
New York Times
, August 18, 1985, F1; for “competitors financial aches,” see Michael Millenson, “New Pain Relievers May Give Competitors Financial Aches,”
Chicago Tribune
, May 27, 1984, H1; for “an arrogant and unconscionable effort,” see Patti Domm, “Tylenol to Get Rival,”
Baltimore Sun
, May 28, 1984, D8.

16
. Dale Gieringer, “The FDA Continues to Commit Regulatory Malpractice,”
Wall Street Journal
, March 27, 1985, 34.

17
. For “a Federal grand jury …,” see Richard Wood, chair, Eli Lilly and Company, “Of Eli Lilly and the Short Life of Oraflex on the U.S. Market,”
New York Times
, October 12, 1985, 26; for Lola Jones and “we're a little disappointed …,” see “Oraflex Death Brings Award of $6 Million,”
Los Angeles Times
, November 22, 1983, B5.

18
. For “frivolous lawsuits,” see Caryle Murphy, “Eli Lilly Co. Cleared in Va. Death,”
Washington Post
, September 10, 1985, D6; for industry victory,
National Childhood Vaccine Injury Act of 1986, House Committee on Energy and Commerce
, report 99-908 part 1 (Washington D.C.: Government Printing Office, 1986).