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, MD

About the Author Linda Cheek, MD

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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