On Monday, Dr. William Hurwitz began a second
trial on 50 counts of unlawful prescribing of opioid pain medication.
Prosecutors are seeking to hold him responsible for the misdeeds of a
small number of his patients, some of whom secretly sold or misused the
pills they were prescribed. The government is charging Dr. Hurwitz as a
drug kingpin, though it has never claimed that Dr. Hurwitz profited
from his patients' activities.
In August of last year, the Fourth Circuit Court
of Appeals unanimously reversed Dr. Hurwitz's initial conviction and
25-year sentence because the judge in the 2004 trial had barred the
jury from considering whether the doctor had prescribed the medicines
in good faith, in order to provide what he believed was the best
medical care for his patients.
This case is being watched closely by doctors and
patients who must deal with issues surrounding pain medication. The
government's prosecution of Dr. Hurwitz occurs in the context of a
nationwide law enforcement campaign against the use of powerful
analgesics to treat patients suffering from severe chronic pain. Scores
of resulting physician convictions have seriously chilled the
willingness of many physicians to provide adequate treatment for their
patients, for fear that they could end up as criminal drug defendants.
"It is profoundly disturbing that federal cops
and lawyers have second-guessed the medical judgment of Dr. Hurwitz and
the Virginia Medical Board, and chosen to treat him as a drug dealer
instead of the compassionate physician he is," said Daniel Abrahamson,
DPA's director of legal affairs. Abrahamson continued, "This misguided
prosecution, carried out in the name of the federal war on drugs, has
already ruined one pain expert's career, and will erect even steeper
barriers for millions of Americans who suffer from untreated or
under-treated pain and cannot find effective relief at the hands of
skilled and compassionate doctors. State medical boards, not police and
prosecutors, should regulate medical practice."
In September 2005, DPA filed an amicus (friend-of-the-court) brief in
Dr. Hurwitzs appeal, signed by leading pain treatment experts from
across the country. The brief sought to educate the court about the
difficulties faced by pain patients seeking adequate treatment. It
corrected common misunderstandings about pain therapy and explained how
the federal government misconstrued both federal law and accepted
standards of medical practice in prosecuting Dr. Hurwitz.
Dr. Hurwitzs legal plight is part of an
eightfold increase in physician prosecutions over the past three years.
An estimated 30 percentor 50 to 75 million Americanssuffer from
chronic pain on a daily basis. As such, untreated pain is considered
the nation's largest health problem and results in more lost days from
work than heart disease and cancer combined.
Dr. Hurwitzs defense is backed by a large and
prestigious coalition of leading health institutions and practitioners,
including the American Academy of Pain Medicine, the American Pain
Foundation, the National Pain Foundation, the National Foundation for
the Treatment of Pain, and the American Association of Physicians and
Surgeons.
Dr. Hurwitz is being represented pro bono by
attorneys Richard Sauber, of Fried, Frank, Harris, Shriver &
Jacobson, and Larry Robbins, of Robbins, Russell, Englert, Orseck &
Untereiner. "We have taken on Dr. Hurwitz's defense because of our
concern for the grave legal and social policy ramifications of this
misguided prosecution, and because we believe Dr. Hurwitz was operating
as a physician and not a drug dealer, as the government claims," Mr.
Sauber said.