Pivotal Lawsuit Defies Unlawful Prosecution of Largest Pain Management Doctor in the United States
07/21/2011

A lawsuit (case#11 CH 24443) with far reaching consequences for all pain doctors and people that seek treatment for chronic pain was filed today by Dr. Joseph Giacchino in Cook County’s Chancery Court. This suit may be the first time, a physician is standing up to what the medical profession calls a “government jihad” on pain doctors by the DEA, Justice Department and local agencies staffed with government lawyers and investigators.

Online PR News – 21-July-2011 – – (July 12, 2011 – Chicago) A lawsuit (case#11 CH 24443) with far reaching consequences for all pain doctors and people that seek treatment for chronic pain was filed today by Dr. Joseph Giacchino in Cook County’s Chancery Court. This suit may be the first time, a physician is standing up to what the medical profession calls a “government jihad” on pain doctors by the DEA, Justice Department and local agencies staffed with government lawyers and investigators.

Many medical schools and medical associations like the Association of American Physicians and Surgeons, among others, are warning doctors not to treat pain at all. Worse yet- lawyers and prosecutors with no medical training whatsoever have hijacked this field of medicine by determining what is acceptable medical protocol-and prosecuting doctors without first establishing any standard for what conduct they themselves consider unacceptable. Law enforcement is making up the rules of medicine ad hoc and with deadly consequences for all physicians in their field of vision.

According to a leading medical journal, 100 million Americans suffer from chronic and acute pain due to traumatic injuries, botched surgeries, cancer, etc. Class II Scheduled drugs are taken by over 30 million Americans who suffer from chronic pain and are able because of medical pain management to live without crippling pain and to even work and function. Contrary to popular wisdom and myths of raw media driven culture, most medical literature states that less than 1 percent of the users of pain drugs are addicts (usually within this less than 1 percent, many of them were prior addicts, who hid their previous drug use from their physicians). Yet most of the 100 million Americans that suffer from chronic pain (a fact that cost American business almost $100 billion dollars an year)-are under-treated because doctors are afraid to treat them.

To allow lawyers and investigators to determine what is proper medical protocol is outside the legislative intent of the Controlled Substances Act and it constitutes an excessive exercise of state and Federal power based on a complete misapplication of the Federal Law.

This has led many in the medical community to question whether the DEA’s loss of the War on Drugs has led them to pursue a different war, one which seeks to bend the line between what is legal and what a DEA law enforcement officer can determine as illegal medical protocol on an ad hoc basis. There are horrific tales of DEA agents using SWAT tactics to burst into medical offices, holding guns to the heads of physicians (never indicted or arrested on legal charges) threatening imminent bodily harm and paying indicted drug users to solicit physicians for sex in exchange for money-money outrageously paid by the DEA.

The lead attorney, R. Tamara de Silva commented that, “To allow lawyers and investigators to determine what is proper medical protocol is outside the legislative intent of the Controlled Substances Act and it constitutes an excessive exercise of state and Federal power based on a complete misapplication of the Federal Law.” Attorney de Silva went on to say that, “the problem is that there are no pre-determined standards of what specific conduct a medical doctor engages in to cross the line between legal and illegal conduct-at least not according to the DEA and an Illinois department. This is an absolute abuse of government power. Before you prosecute someone, you must first state what conduct is legal and what is not and announce it beforehand—that is a fundamental principal in our Constitution and sine qua non to our basic freedom as Americans.”

R. Tamara de Silva also said, “The determination of which analgesic drug to prescribe, in what dosage, for how long to achieve pain management is never a determination that should be made by investigators and lawyers on an ad hoc basis, who have never practiced medicine in the specialty of medicine at issue in this case anymore than surgery must be attempted by the public with a hammer.”

Attorney Jonathan Lubin, Ms. de Silva’s associate added, “Administrative agencies like DPR are charged with protecting the public from medical malpractice, and the like. The assumption, therefore, is the decision-makers at these agencies are people who have superior knowledge of the subject matter. But in this miscarriage of justice, Dr. Giacchino was prosecuted by a lawyer-bureaucrat, in front of a lawyer-bureaucrat turned Administrative Law Judge with no more qualifications to adjudicate medical licenses than any member of the bar.”

More information can be found at http://www.desilvalawoffices.com/Press-Releases.aspx

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