WE ARE MEN AND WOMEN SUFFERING CHRONIC INTRACTABLE DISEASES OF PAIN
NOT DRUG TRAFFICKERS OR DRUG DEALERS
NORMAN J CLEMENT RPH., DDS, NORMAN L. CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., INC.T. SPIRIT OF REV. IN THE SPIRIT OF WALTER R. CLEMENT BS., MS, MBA. HARVEY JENKINS MD, PH.D., IN THE SPIRIT OF C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., DR. LINDA WHITBY, MD., L.JOSEPH PARKER, MD., EVELYN J. CLEMENT, WALTER F. WRENN III., MD., JULIE KILLINGSWORTH, RENEE BLARE, RPH, DR. TERENCE SASAKI, MD LESLY POMPY MD., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., RICHARD KAUL, MD., LEROY BAYLOR, JAY K. JOSHI MD., MBA, ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NJOKU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS
ARTICLE
BY
PAT ANSON
EDITOR PAIN NEWS NETWORK
They followed a new way, their way, and most of the conventional physicians of their day would have disagreed with them because this is not the way it has always been done.
And if that is the new — it bothers me that this kind of evidence can send a person to prison for as long as this has been going, some many, many years, but in any event, that that is the sort of evidence that is the basis for criminal liability.
This man was a physician, he was not a fraud?
Paul L. Friedman
No question he was a physician, and no question he had —
OCTOBER 7, 1975
Pain Patients Challenge DEA’s ‘Bogus Judicial System’
April 17, 2024
“Patients of a California doctor whose license to prescribe opioids and other controlled substances was suspended by the DEA have launched another long-shot legal bid to get his license reinstated.
DEA administrator Anne Milgram suspended the license of Dr. David Bockoff in 2022, largely based on allegations that five of his pain patients were receiving dangerously high doses of opioids. Bockoff’s abrupt suspension left 240 patients – including many who suffer from severe and incurable pain conditions — scrambling to find new providers and pain medication.
At least three of those patients have since died, including one who committed suicide with his wife and another who died after buying opioid medication in Mexico.
“Every time you take away a doctor’s license without giving them any opportunity to fight it, you put a patient on the street who’s a chronic pain patient, and they’ve just been abandoned. No explanation or anything,” says attorney John Flannery. “And the government doesn’t give a damn. They don’t care at all.”
Flannery represents nine Bockoff patients who have tried repeatedly to gain legal standing as interested parties in the DEA case against the Beverly Hills doctor. Their efforts so far have failed. An Administrative Law Judge would not let them attend DEA hearings on the case, and a federal judge refused to grant a temporary restraining orderthat would have restored Bockoff’s license while he appeals his suspension.
Recently, a three-judge panel on the District of Columbia’s U.S. Court of Appeals declined to intervene in the case, saying the patients provided the court with “no credible factual submissions” that document how they were harmed by Bockoff’s suspension. The judges’ order makes no mention of the patients who died.
‘We Were Entirely Hamstrung’
“AND ON THAT DAY, THERE SAT BEFORE THE EYES OF THE WORLD, THE WRETCHED CRUELTY OF AN AMERICAN JUDICIAL PANEL OF INHUMANITY, OBLIVIOUS AND VOID OF ANY SEMBLANCE OF MORALITY TO THE DISEASES OF HUMAN SUFFERING WHOSE CONCERNS LAID ONLY WITH THEIR PROTOCOLS OF JUDICIAL STANDING!!…”DISGRACEFUL!!!”
norman j clement dds
PER CURIAM: ORDERED AND ADJUDGED that the petition for review be DENIED.
THE D.C. CIRCUIT COURT OF APPEALS HEARING
https://www.youtube.com/live/pVshAo1ow4A?si=lPGE70IPNRUl8BNN
Part of the problem is the closed administrative system that the DEA uses to discipline doctors, in which the agency essentially serves as the prosecutor, judge and executioner. Flannery calls it a “bogus judicial system that the DEA created for itself.” Even the rulings of a supposedly independent Administrative Law Judge (ALJ) can be rejected by the DEA Administrator.
“There is much talk about how the government is ‘open’ and transparent, but DEA’s proceedings are entirely opaque to patients and the public,” Flannery wrote in his latest appeal, in which he asks the full DC Court of Appeals for an en banc review of the case.
“We were entirely hamstrung to proceed to seek review in any DEA proceedings as we had no right to review any pleadings, to attend any hearings, to monitor the proceedings, to review any of the ‘evidence,’ to hear the arguments, and the only decision made available to us by the ALJ related to the (unsuccessful) motion to intervene.”
REPLY BRIEF FOR PETITIONER
Flannery says federal law allows any “interested persons” or “person aggrieved” by the DEA to have a legal standing in its administrative hearings. If the Appeals Court accepts that argument, it would set a major precedent that would affect all future DEA cases against doctors by giving their patients a seat at the table.
Flannery says the DEA’s disciplinary actions against Bockoff and other doctors interfere with the practice of medicine.
“I hate to say it’s a witch hunt, but I think we found a witch and the witch is the present DEA administrator,” Flannery told PNN. “She’s part of a machine that just keeps chugging along, hurting and hurting and hurting. How does one go into government to do that? Who do they think they’re saving? They found five patients that they claimed were harmed, and so the other 235 patients had no idea about them, and they just cut them off. How do you justify that?”
A protracted legal challenge of this kind is expensive, so the nine Bockoff patients have created a GoFundMe campaign to help support it. Over $10,000 has been raised so far.
“Please know that we’ll be working as hard as we can to keep this fundraiser and our effort going,” said Kristen Ogden, the wife of one of the patients.
“Our donors are helping so much in this effort to make a difference for chronic pain patients and doctors. As John (Flannery) says, we are doing something that hasn’t been done before… seeking to intervene so that patients can have a voice.”
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So, Donate to the “Pharmacist For Healthcare Legal Defense Fund,
FOR NOW, YOU ARE WITHIN
THE NORMS
REFERENCE:
OPENING BRIEF
