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In a significant victory for pain doctors and patients around thecountry, this Tuesday the U.S. Fourth Circuit Court of Appeals ordereda new trial for Dr. William Hurwitz, a pain physician who was convictedand sentenced to 25 years in prison for 50 counts of criminal "drugdistribution."
The federal appeals court found that the trail court hadinappropriately instructed the jury not to consider Dr. HurwitzÂ’sdefense of acting in good faith. This decision has significance beyondjust Dr. HurwitzÂ’ case--if his appeal had failed, the precedent wouldhave negatively impacted the care chronic pain patients receivenationwide, and encouraged federal prosecutors to usurp the traditionalroles of state medical boards in determining and enforcing standards ofmedical practice.Â*
The Drug Policy Alliance contributed to this important decision by filing anÂ*amicus (friend-of-the-court) briefin September 2005 on behalf of leading pain specialists across thecountry. The brief sought to educate the court about the difficultiesfaced by pain patients seeking adequate treatment, to correct commonmisunderstandings about pain therapy, and to explain how the federalgovernment misconstrued both federal law and accepted standards ofmedical practice in prosecuting Dr. Hurwitz.
The brief urged the appellate court to overturn Dr. HurwitzÂ’sconviction in order to preserve the traditional regulation of medicineby the states, not the federal government. Review of physicianpractices and conduct is normally a function reserved for state levelregulatory boards, which generally are better equipped than lay jurorsto assess the technical clinical and scientific issues raised by suchinquiries.
Dr. Hurwitz and his patients are among the mounting casualties ofthe federal governmentÂ’s war against pain patients in need of opioidanalgesics and the physicians who provide these medications. As theDrug Enforcement Administration expands prosecution of pain doctors,growing numbers of doctors are dissuaded from providing effectivetreatment to patients suffering severe pain. They fear a criminalinvestigation into their prescription practices that could take placedespite their beneficent medical intentions.
DPA will continue its work to counter public misperceptions aboutthe nature of chronic pain treatment and protect the rights of paindoctors and their patients.
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