Pubdate: Fri, 01 Apr 2005
Source: Reason Online (US Web)
Copyright: 2005 The Reason Foundation
Contact:  http://www.reason.com/
Details: http://www.mapinc.org/media/2688
Author: Jacob Sullum
Note: Jacob Sullum is a senior editor at Reason and the author of Saying 
Yes: In Defense of Drug Use (Tarcher/Putnam).
Bookmark: http://www.mapinc.org/people/Hurwitz

DOSE RESPONSE MISCONCEPTIONS ABOUT PAIN TREATMENT COULD PUT A DOCTOR IN 
PRISON FOR LIFE

In December, after a federal jury convicted McLean, Virginia, pain doctor 
William Hurwitz of running a drug trafficking operation, the foreman told 
The Washington Post "he wasn't running a criminal enterprise." Don't bother 
reading that sentence again; it's not going to make any more sense the 
second time around. Hurwitz, who is scheduled to be sentenced on April 14 
and will go to prison for life if U.S. District Judge Leonard Wexler 
follows the prosecutors' recommendation, was charged with drug trafficking 
because a small minority of his patients abused or sold narcotic 
painkillers he prescribed for them. Prosecutors argued his practice 
amounted to a "criminal enterprise" based on a "conspiracy of 
silence"-i.e., a conspiracy in which Hurwitz did not actually conspire with 
anyone-because he charged for his services and should have known some of 
his patients were faking or exaggerating their pain.

Judging from the comments of the jury foreman, Ralph Craft, the jurors did 
not really buy this theory.

Perhaps they still harbored the legally unsophisticated notion that drug 
traffickers are people who engage in drug trafficking. But they convicted 
Hurwitz anyway, because they didn't like the way he practiced medicine. 
"I'm not an expert," Craft conceded, while expressing the opinion that 
Hurwitz was "a little bit cavalier" in prescribing opioids. "He ramped up 
and ramped up the prescriptions very quickly," he said. "This is stuff that 
can kill people. He should have been extra careful."

Craft and his fellow jurors were appalled by the sheer number of pills 
Hurwitz prescribed. "The dosages were just astounding," he said, calling 
them "beyond the bounds of reason."

As an example, Craft cited a prescription for 1,600 pills a day. As Hurwitz 
explained during the trial, this particular prescription, which was never 
filled, resulted from a nurse's calculation error that was discovered at 
the pharmacy. But it's true that many of his patients were taking very high 
doses of painkillers, doses that would kill someone unaccustomed to 
narcotics. Although the jurors apparently considered such doses inherently 
suspicious, they are necessary for treating severe chronic pain because 
patients develop tolerance to the analgesic effects of narcotics.

They are safe because patients also develop tolerance to the potentially 
fatal respiration-depressing effects of these drugs.

Responses to pain medication vary from person to person, and there is no a 
priori limit to how high doses can be "ramped up." The prosecution 
deliberately obscured these points during Hurwitz's trial, relying on the 
jurors' ignorance of pain treatment principles to convict him. The 
government's main medical expert, Michael Ashburn, testified that 
consumption of high narcotic doses by patients with chronic pain who do not 
have cancer is a sign of drug abuse.

In a letter they wrote before the verdict, six past presidents of the 
American Pain Society rebuked Ashburn for this statement, along with 
several other misrepresentations of pain treatment standards. "We are 
stunned by his testimony," they said. "Use of 'high dose' opioid therapy 
for chronic pain is clearly in the scope of medicine."

As these pain experts recognized, Hurwitz was not the only person on trial 
at the federal courthouse in Alexandria. So was every doctor who has the 
courage to risk investigation by treating people who suffer from severe 
chronic pain with the high doses of opioids they need to make their lives 
livable. In poignant letters to Judge Wexler, who has fairly wide latitude 
in punishing Hurwitz now that the U.S. Supreme Court has made federal 
sentencing guidelines merely advisory, dozens of his former patients 
recount how he saved them from constant agony caused by migraines, back 
injuries, reflex sympathetic dystrophy, and other painful conditions that 
left them disabled, homebound, despondent, and in some cases suicidal.

They outline the difficulties they had in getting adequate treatment before 
they found Hurwitz and the trouble they've been having since the government 
put him out of business. "Good pain doctors are hard to find," writes one. 
"I am saddened that Dr. Hurwitz is branded a criminal for helping me and 
helping people like me." Another argues that Hurwitz's "crime"-trusting his 
patients-was one of his greatest virtues. "It is to Dr. Hurwitz's credit," 
he says, "that he chose to trust that his patients were genuinely seeking 
relief from pain that cannot be objectively measured.

This trust is, in my experience, all too rare." Threatening doctors with 
prison for viewing their patients with inadequate suspicion will make it 
even rarer.