4 Replies Latest reply: Jan 10, 2019 7:24 AM by Joanne Andreotta

New portal for the opioid situation.

Martin Schulman
Visibility: Open to anyone

With the new wave of pharmaceutical cases one never knows what we are getting into. I recently wrote a decision that may be of interest relating to No Fault as a conduit to the world of controlled substances. A portion follows:



"This claim relates to two prescriptions for Percoset one written on 2/5/15 for 150 tablets to be taken at no more than    five a day and the second written on 2/26/15 setting the same terms as the first. The EIP had been in an accident on 2/18/15 and apparently these were prescribed in connection with his treatment although no underlying medical records relating to treatment were submitted. Percoset is a combination of oxycodone and acetaminophen. Under New York Law oxycodone is a Class II controlled substance (Public Health Law sec. 3306).


Under NYCRR 80.67(8)(c) relating to the prescription of such Class II controlled substances “no such prescription shall be made for a quantity of substances which would exceed a 30-day supply if the substance were used in accordance with the directions for use, specified on the prescription. No additional prescriptions for a controlled substance may be issued by a practitioner to an ultimate user within 30 days of the date of any prescription previously issued unless and until the ultimate user has exhausted all but a seven days' supply of that controlled substance”.


In this matter the prescriptions, on their face, violate this clearly stated State regulation. The prescriptions involve three hundred tablets of a Class II controlled substance within a 21 day period, a period where the maximum prescribed use would have been no more than 105 tablets out of the 150 prescribed. Further there is no indication that any exception to the policy should be made due to special circumstances or the needs of the EIP.


Based on the foregoing and the clear violation of New York State regulations relating to the prescription and use of a Controlled substance the claim is denied."


As always, comments are welcome.

 

 

 

 

  • Re: New portal for the opioid situation.
    Andrew Horn

    Martin,

     

    Really informative decision. Thanks for sharing. Question: Was the first prescription made before the accident?

     

    Best,

    Andrew

     

    Sent from Mail for Windows 10

     

    From: Martin Schulman

    Sent: Thursday, January 25, 2018 8:45 AM

    To: Andrew Horn

    Subject:  - New portal for the opioid situation.

    New portal for the opioid situation.

    created by Martin Schulman in Martin Schulman - View the full discussion

     

    With the new wave of pharmaceutical cases one never knows what we are getting into. I recently wrote a decision that may be of interest relating to No Fault as a conduit to the world of controlled substances. A portion follows:

     

     

    "This claim relates to two prescriptions for Percoset one written on 2/5/15 for 150 tablets to be taken at no more than    five a day and the second written on 2/26/15 setting the same terms as the first. The EIP had been in an accident on 8/18/15 and apparently these were prescribed in connection with his treatment although no underlying medical records relating to treatment were submitted. Percoset is a combination of oxycodone and acetaminophen. Under New York Law oxycodone is a Class II controlled substance (Public Health Law sec. 3306).

     

    Under NYCRR 80.67(8)(c) relating to the prescription of such Class II controlled substances “no such prescription shall be made for a quantity of substances which would exceed a 30-day supply if the substance were used in accordance with the directions for use, specified on the prescription. No additional prescriptions for a controlled substance may be issued by a practitioner to an ultimate user within 30 days of the date of any prescription previously issued unless and until the ultimate user has exhausted all but a seven days' supply of that controlled substance”.

     

    In this matter the prescriptions, on their face, violate this clearly stated State regulation. The prescriptions involve three hundred tablets of a Class II controlled substance within a 21 day period, a period where the maximum prescribed use would have been no more than 105 tablets out of the 150 prescribed. Further there is no indication that any exception to the policy should be made due to special circumstances or the needs of the EIP.

     

    Based on the foregoing and the clear violation of New York State regulations relating to the prescription and use of a Controlled substance the claim is denied."

     

    As always, comments are welcome.

     

     

     

     

    Reply to this message by replying to this email, or go to the message on ADRCommunity Following Martin Schulman in these streams: Inbox, Connections Stream

    • Re: New portal for the opioid situation.
      Martin Schulman

      Please not typo in my posting: Date of accident was 8/18/15. This case was one of a number. The totality indicated a complete abuse of the controlled substance regulation. I posted this one as an indication of the need to go into the details of a litigant's presentation, beyond the dates of service, the peer review, etc. We all need to ask, in every matter before us, what is really going on.

      • Re: New portal for the opioid situation.
        Wendy Bishop

        I agree.  A majority of the parties never know anything about the injured person whose benefits we are denying or granting.  I won't look at these cases without knowing a little bit about the injured party- sometimes, by the name, I can not even tell if it is a male or female, and often, the records contradict themselves.  I like a painted picture, and often, I am left digging through the records myself, to paint that picture.  I encourage the parties to use their time slots to persuade me-- show me why they should win.  The good ones (and we all know who they are) always, at least, try to, and the mediocore ones  simply want to rest on their submissions.  Our dcns can have collateral consequences, and it always troubles me when I am bound by a dcsn that I rendered simply bc a medicore attorney appeared before me,  first in time.