Ron Chapman posted an article entitled Bye Bye “Good Faith”: 6th Circuit Erodes Medical Decision Making in Opioid Prosecutions on www.healthcaredefenseblog.com. For those interested in following healthcare law, this would appear to be a good blog to follow.
The article summarizes and states opinion on the case United States v. Godofsky, 943F.3e 1011 (2919). The decision of the 6th Circuit shows how corrupt the judicial system is today—with money being the bottom line, not justice.
Alan Godofsky, MD
Dr. Alan Arnold Godofsky, MD, 63, is an anesthesiologist from Cincinnati, OH who worked at the Central Kentucky Bariatric and Pain Management Center in Georgetown, Kentucky. The clinic was owned by Will Singleton who was also charged and convicted illegally by the US DOJ in their attacks on pain management.
Dr. Godofsky is a true ambassador. Knowing he was innocent of any crime, he supported all physicians by not taking a plea, but went to trial. But, after a seven-day trial, Dr. Godofsky was convicted on five counts related to illegally distributing drugs. Court records described the operation as a pill mill by throwing out number of opioids prescribed, in spite of those numbers being appropriate for the numbers of pain patients involved. We all know how the media plays a part in the conviction of doctors. At the time he was indicted, the local media’s article stated
“Two doctors who worked at a now-defunct pain clinic in Georgetown took part in a conspiracy to illegally distribute large quantities of pain pills several years ago.”
They also contaminate the jury pool by writing straight from the government’s propaganda mouth:
“A pill mill is a place that caters to drug addicts, with doctors writing prescriptions for powerful pain pills and other narcotics after doing little or no physical examination. They usually operate on a cash-only basis.”
Now doctors can’t counter such lies and propaganda in the media. They have their mouths taped shut by their lawyer. That is why it is so important for people to let us know when they see such trash in the media so we can respond with letters to the editor and put it on our communication campaign instructions. When the media gets hundreds of angry letters in reply to such rubbish, and local pain patients boycott, maybe they will start seeking rebuttal news to these false, corrupt government press releases. We will be happy to provide such rebuttal articles. And we will submit them automatically if people would share the printed propaganda.
At his trial in 2018, Dr. Godofsky was charged with the standard DOJ invention of crime by using the phrase in the Controlled Substance Act that was actually the phrase exempting doctors from charges using the CSA. The phrase they now use against doctors is “outside the scope of professional practice and not for a legitimate medial purpose” But, of course, when queried on the witness stand what is the definition of “legitimate medical purpose”, the DEA officials say they have no answer because they aren’t physicians. BINGO!! Only the doctor can determine legitimate medical purpose, and the CSA basically says if a doctor is treating a patient, the prescription is legitimate. Doctors are being convicted purely by government propaganda against opioids. This policy was developed in the late 1990’s and is now cookie cutter in the courtrooms, with judges falling right in line. It’s all for the money!!
Doctors standing up for their rights and innocence are punished even more. The government in Godofsky’s sentencing, opposed probation as a sentence, pushing for a tougher sentence because he “showed no remorse and did not accepted responsibility for his actions”. When you are innocent, you don’t have remorse, and it would be a lie to show it, and the responsibility to accept is that his work was legitimate.
There is one thing I had trouble understanding in the past that occurred in this trial. That is the fact that the government sends in agents to the doctor. In their exam they express having pain. The doctor evaluates the pain, and treats it. Then on the witness stand these agents state that they lied to the doctor, that they didn’t have pain. But the jury still convicts the doctor for illegitimate medical purpose. How does this happen? I’ve finally figured it out. It all goes back to the propaganda in the heads of the jurors—that opioids cause addiction. With that basic underlying belief, then the doctor, by simply prescribing opioids, is creating an addict, is a drug pusher, and therefore a criminal no matter what. So the fact that the doctors was tricked to prescribe doesn’t matter. Everyone needs to understand that this is what needs to be contradicted—the government propaganda that opioids cause addiction. And that is what we, on Doctorsofcourage, can completely expose and destroy—by understanding the REAL cause of addiction.
Media Sensationalism
Another problem we have is media sensationalism using opiaphobia to sell their papers. Here is an example. After Dr. Godofsky’s conviction, the Paducah Sun headline by Greg Kocher of the Lexington Herald-Leader said “Ex-doctor heading to prison after selling agents oxycodone”. This headline give the picture of simply selling a prescription without a doctor/patient relationship. Shame on Mr Kocher and these newspapers. After this article was published, chronic pain patients and doctors should have protested them, writing to them, and even set up physical protests outside their offices to get other media attention.
So basically, the government used entrapment to create a case and another innocent doctor sits in a prison cell with his life ruined. But because of the money and jobs involved with the collusion between the DOJ and the Judicial Branch, the lower court ignored the entrapment, even when brought to their attention by the defense lawyer. Then the Circuit Court establishes this as “okay” by supporting the verdict of the lower court.
This decision flies in the face of an earlier decision in the 6th Circuit case United States v. Volkman where the 6th Circuit upheld a jury instruction that stated:
“It is the theory of the defense that Dr. X treated his patients in good faith. Fi a physician dispenses a drug in good faith in the course of medically treating a patient, then the doctor has dispensed the drug for a legitimate medical purpose in the usual course of accepted medical practice. That is, he has dispensed the drug lawfully.”
Medical Standard?
But in the United States v. Godofsky decision, the court now states that the physicians actions must conform to a “standard”. And who is now determining that standard? Federal agencies making money off of doctors’ hard earned work! The fox is guarding the hen house! There is absolutely no justification for this decision. The only possible explanation is the collusion between the Courts and the DOJ. They all benefit from putting doctors in prison.
What needs to be done? Governments, both state and federal, are creating all kinds of laws interfering with patient care based on archaic, ineffective, racist 100 year old attacks on drugs. Basically, we have to end the propaganda on drugs, period, and therefore repeal all drug-related government overreach into the medical office. We can only do that by realizing the truth. And you will find the truth here and nowhere else.
Linda Cheek is a teacher and disenfranchised medical doctor, turned activist, author, and speaker. A victim of prosecutorial misconduct and outright law-breaking of the government agencies DEA, DHHS, and DOJ, she hopes to be a part of exonerating all doctors illegally attacked through the Controlled Substance Act. She holds the key to success, as she can offset the government propaganda that drugs cause addiction with the truth: The REAL Cause of Drug Abuse.
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This is absolutely an injustice . The DEA doesnt know because your dam right their not a doctor . They have no education or knowledge in the treament of debilitating pain . They make up their own rules based on anti opioid propaganda . How are they charging these doctors when their are no laws or policies on what is considered over prescribing or too many pills prescribed. The DEA , DOJ deciding on their own and this is so unlawful that is why we need desperately a DEA over seight committee hearing. this unlawful bullcrap needs to stop . We need to protest I believe more frequently but unfortunately with Covid are we even able to do this . Yes we need to counter the propaganda . I try every chance I get to inform anyone in public or online on twitter and facebook about the injustice to our legitimate doctors and to pain pts . That we are not addicts and these meds do not addict legitimate pts with debilitating pain. When taken correctly at effective levels pts with debilitating pain have the ability to have a quality life , to live life , to get oob, dressed , for many to continue to work and be productive member of society , to be able to take care of our familes and our homes , to enjoy quality time with our spouses , grandkids and families. That is the difference those who are addicts not legitimate pain patients while using illegal street drugs not doctor prescribed pain meds for legitimate documented illnesses they are not living life they are avoiding living or they dont want to feel or deal with feelings , they use to avoid family and friends they use and isolate themselves , to get out of their head . Many don’t work because they are using so they most often remove themselves from society and enjoying life . They dont want to feel or deal with emotion . When out of drugs they crave their drug and do whatever to get more . We dont run out of meds because we take them as prescribed. Unless we are abruptly cut off os the only way we are without our meds . Withdrawling but that is a side effect has nothing to do with addiction that’s another one of their false claims and propaganda that everyone who is withdrawling is an addict . Which is absolutely not true . All meds after being on them long periods of time can have some type of withdrawl . Because you are dependent not addicted. This is another thing that media and people like the goverment and PROP confuses the public and I’m sure the jury pull with is difference between addiction and dependence. This shit just makes me sick . As I sit here needlessly suffering . I’ve had atleast 22 injections in the last 3 months plus nerve blocks x2 , flaccid injections 7 at a time × 3 times in 3 months , just this week I had nerve block by pain therapy and 4 injections of steroids into my SI joints and bursa area on hips by orthropedic. My pain doctor first wasnt gonna renew my long acting even though I explained to the PA 2 months ago after being fearful to even do so. Your scared to death to even communicste to the dr that meds are not helping or doses . Buy I’m at end of my rope so I did explained the 4 immediate release 15mg morphine were not holding my pain linger then 1 to 2 hours. Then I must wait 6 to 8 hour to take another, for the many multiple debilitating intractable painful illness I’m suffering with including CRPS , neuropathy , fibromyalgia, severe osteoarthritis and flaccid joint inflammation, deterioration of my SI JOINTS AND PAIN, residual hip pain post 6 hip surgeries 3 on each due to avascular necrosis from over use of steroid injections, and other painful illnesses. We discussed and decided to start 2 ext release 15mg morphine 1 in am and 1 pm at bedtime . My pain wakes me and dooesnt allow me to sleep . Them 2 immediate release 15mg morphine during day for breakthrough. So for 2 months was helping better not great but better . I go to my appt my pain dr gives nerveblock . Talk about my pain I leave my blood pressure also elevated due to pain never elevated prior to this intractable pain issues . So I look they reordered my immediate release the 2 15 mg never ordered the extended release . So I called to discuss she said get back to me never did , monday I call again get back to me . Then said he is not renewing it discuss with him at appt . So here I’m having anxiety worrying that he isnt renewing this and now I’m also cut to only 2 immediate release 15 mg morphine instead of 4 I was on . So if 4 a day was barely holding me then how was 2 a day . I’m already having horiffic pain. So I go to appt. He didnt even remember about this incident and not renewing so I discusses with him my horrific pain why this is so important for my quality of life not for a high and I dont come to pain therapy to get high or drugs . I come to get relief so that I may have a quality of life that which I deserve but without these opioid pain meds I wouldnt. I would be bedridden I’ve already lost so much of my quality of life because of this debilitating life altering pain. I want to live my these meds allow me to do that. Well he refused to order the 2 only ordered one extended release and 2 immediate morphine all 15mg so now I went from 4 imnefiate at 60mg total to only 45 mg . I feel like now was it even worth it to talk and get that changed because now I’m worse off . The short acting not holding me . I asked at bedtime wont have the long acting he ordered 1 a day in am of long acting . And 2 immediate release he said take one of them at bedtime but since their not holding for more then an hour or hour and half 2 hour tops . I have to wait 6 hour to 8 hours to take the next one . So I suffer . And if I have many appts and must drive to them all in excruciating pain by end of day but now I will be suffering. He never explained why wasnt renewing them. The same way it was when I just started it this way not even 2 months ago. But this is the kind of crap their propaganda is forcing on legitimate patients and legitimate doctor . They shouldnt even have been prosecuted let alone sitting in jail . As they are just doing their ethical and educated jobs treating their patients. I laugh when they say it’s not in standard of care by whose decision. Why the hell is it not . What do they assume standard of care for debilitating pain is leave us suffer till we committ suicide or how about till we are forced to the streets and become another statistic and not because we are addict looking for or craving tbe drug to get high. Because we are seeking relief from unbearable , unimaginable 24/7 horrific intractable / chronic pain . That we are denied because assholes like this decide it not a standard of care . I beg to differ I and 50 million other pts with debilitating pain. This just makes my blood boil . How can we change this before it too late wont be anymore dr left to prescribe or treat us and all pts like me comitt suicide modern day genocide and follow the money. We need a good investigative journalist on our side to search and bring this shit to light . The injustice . I want to know how much money the DEA , DOJ ,PROP ect has made to date ect. Sorry if any typos I was also just diagnosed with bilateral carpal tunnel the left worst and nerve damage of my elbow
I’m suppose to have surgery in it in aug . So I mess up sometimes or I dont see that my phone changed it on me so I apologize ahead of time. Trying to proofread but might miss some of the typos. I will try and do my part but we need many to bring this crap and counter the propaganda that’s poisoning the public and now the courtrooms.
You have the answer right here on Doctorsofcourage. You just need to learn it and teach it to others. Print off the pamphlets and take them to your doctor. If you get him to join DoC as a professional, your membership is free. Then you can communicate with all of the legislators. Also, get me to speak virtually to any groups in your area. If people cut off from their meds 10 years ago had done something besides say “I’ll find another doctor”, you wouldn’t be in this fix. So for your good as well as the thousands of people following you when things get worse, join the fight that will succeed. Right here, right now.
Truthful, Accurate, Powerful…
Thank you. Shared
Thank you linda for your extraordinary work. I am in total agreement with your efforts and your persistence moving past and thru the daily, and I mean daily, bias and sensationalism of the media to push a titillating story and not a disappointing true story of how our judicial system is taking the playbook of the courts intimidated to do Hitlers bidding. And Stalins bidding. The truth and freedoms of American citizens are being ignored and lives ruined and businesses raided and shut down.Its Gestapo like in every way . Sadness and pain and giving up has to be turned around with loud voices. I am so glad you are here… I promise to alert you to any news stories coming out from Atlanta that promotes this justice gone wild
Thanks, Kenn. Yes, we are in a Hitler-era government standard, and most Americans don’t even realize it. Until it happens to them. Then they wonder where everyone is. Hopefully I can be a part of the change I want to see in the world.
Yes, Hitler killed 5-6 million Jews. There are around 50 million cpp in the US. I going to bet at least 15% will kill themselves. 20% will die from Fentanyl laced street drugs. And 30% will die from alcohol abuse after many, many years of drinking trying to numb their pain. Of course, I’m just guessing since you know the CDC is not going to track or release these figures if they have them. But when you compare 5-6 million people to 32,500,000 people that will die because of this opioid crisis, well, it makes Hilter look like a boy scout.
So are you just going to accept that, or work to change it? The answer is here–on Doctorsofcourage.