Other Commentators: Selected Comments to Tierney's blog Entries on Hurwitz Retrial

April 30th, 2007. In response to Hurwitz Jurors Explain Their Verdict - John Tierney; TierneyLab; 2007-04-30.

... My father was a primary treating physician who was charged and convicted of violating the C.S.A. He is currently serving 60 months in federal prison. He went to all the pain conferences to which you have probably been. He listened to all the advice given at those conferences about how to properly record patient ailments so as to not be investigated. He followed those recommendations. He prescribed very minimal amounts of pain medications to patients who very much needed the medication. Yet after the DEA spent millions of dollars raiding his office, his accountant’s office and his billing clerk’s home, they could not walk away. Within 3 years of the initial investigation my father was convicted of violating the C.S.A. based on the actions of 5 out of over 3000 patients he had. All 5 were facing criminal prosecutions of their own. [see: The 'Sex for Drugs' Trials of Dr. Bernard Rottschaefer; War on Pain Sufferers collection #14]

The point is that these investigations cost a lot of money and they need a conviction to establish a reason for the costly investigations. What you see reported from the trials are only the most egregious facts skewed entirely in favor of the government. While I have yet to see one doctor who actually dealt drugs as defined by the C.S.A., there are hundreds in jail through trials or plea bargains. I am sure that Dr. Hurwitz had excellent record keeping which is the only reason he still has his head above water while swimming for his life. - Posted by Maureen Rottschaefer

April 30th, 2007. In response to Hurwitz Jurors Explain Their Verdict - John Tierney; TierneyLab; 2007-04-30.

Is it true the DEA Agents had patients cooperating in the investigation and were letting said patients still receive the opioid medications? Were these patients selling the medications while they cooperated in the investigation? Why did the DEA not seize these medications (or did they)? Did the DEA ever bring their specific findings on these patients to Dr. Hurwitz and ask him to seize prescribing? If the DEA knowingly facilitated these patients in fooling Dr. Hurwitz and let these patients sell the medications, is the agency not itself facilitating drug dealing? - Posted by James

April 30th, 2007. In response to Hurwitz Jurors Explain Their Verdict - John Tierney; TierneyLab; 2007-04-30.

So basically the jurors are telling us they sent this man to prison for the rest of his life because he was negligent. Seems like in the old days one could be sued for negligence but were seldom convicted of criminal wrongdoing without criminal intent. No wonder we have become the United States of the Incarcerated. Perhaps you should run an article on jury nullification since seem to be trying hard to squash any knowledge of the practice. - Posted by Dave_D