William Hurwitz
Encyclopedia
William E. Hurwitz, M.D., is a Virginia
based pain management physician who was aggressively prosecuted and convicted by the United States Government in 2004 for excessively prescribing pain medication to patients, some of whom subsequently abused and redistributed it on the black market. Before his conviction, Dr. Hurwitz had had a series of running battles with the Virginia Board of Medicine which, in 2003 found fault with some of his prescriptions but also held that all were written "in good faith".
William E. Hurwitz is a graduate of Columbia College, completing the BA in three years. He then spent a period at the Harvard University School of Education
before attending Stanford University's Medical School
. While at Stanford he also earned a Masters in Sociology. He served as a staff physician in Brazil
with the Peace Corps
upon completing his medical degree.
Dr. Hurwitz maintains that he was duped by his patients, and that the enforcement tactics being applied in the War on Drugs
unfairly target law-abiding doctors, leading to a situation where doctors must choose between providing compassionate care and accepting personal liability for what their patients do with prescribed medications.
His case has potentially serious ramifications among all practitioners of pain medicine, and is considered by many to be a drastic example of the overreach of anti-drug law enforcement efforts.
On July 13, 2007 Judge Brinkema sentenced Hurwitz to four years and nine months. The judge said that most of Hurwitz's practice was legitimate medicine that saved patients' lives and that medical literature increasingly supports his theories on the propriety of massive drug doses to treat patients in chronic pain. "An increasing body of respectable medical literature and expertise supports those types of high-dosage, opioid medications," the judge said. http://www.washingtonpost.com/wp-dyn/content/article/2007/07/13/AR2007071301035.html
The judge added that Hurwitz had undermined his own cause by ignoring that some patients were clearly drug dealers and Hurwitz admitted before sentencing that he had deceived himself about some patients who in retrospect were clearly criminals.
Since Hurwitz has already spent over 2-1/2 years in prison his lawyers believe he will be eligible for release in about 18 months.http://www.iht.com/articles/ap/2007/07/13/america/NA-GEN-US-Pain-Doctor-Trial.php
After many calls and a visit to speak with a medical board investigator. Fleming was told by the investigator that if he couldn't find a doctor, to go to methadone clinics, and if he didn't get enough, he could go to several methadone clinics, because they didn't share information.
This was unacceptable, so Fleming went to the local newspaper. After a three part article in the Kingman Minor Newspaper in April 1997 in which the Arizona Medical Board admitted they had no guidelines for doctors on the treatment of chronic pain, in November 1997 the Arizona Medical Board issued Substantive Policy Statement #7 the Use of Controlled Substances for the Treatment of Chronic Pain. Fleming was finally able to find a local doctor willing to prescribe opiates. He continues to fight for patients' rights in Arizona.
Others weren't so lucky: two patients apparently killed themselves because their severe pain went untreated after Dr Hurwitz' practice was closed. http://www.reason.com/news/show/119963.html
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
based pain management physician who was aggressively prosecuted and convicted by the United States Government in 2004 for excessively prescribing pain medication to patients, some of whom subsequently abused and redistributed it on the black market. Before his conviction, Dr. Hurwitz had had a series of running battles with the Virginia Board of Medicine which, in 2003 found fault with some of his prescriptions but also held that all were written "in good faith".
William E. Hurwitz is a graduate of Columbia College, completing the BA in three years. He then spent a period at the Harvard University School of Education
Harvard Graduate School of Education
The Harvard Graduate School of Education is one of the graduate schools of Harvard University, and is one of the top schools of education in the United States. It was founded in 1920, the same year it invented the Ed.D...
before attending Stanford University's Medical School
Stanford University School of Medicine
Stanford University School of Medicine is a leading medical school located at Stanford University Medical Center in Stanford, California. Originally based in San Francisco, California as Cooper Medical College, it is the oldest continuously running medical school in the western United States...
. While at Stanford he also earned a Masters in Sociology. He served as a staff physician in Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
with the Peace Corps
Peace Corps
The Peace Corps is an American volunteer program run by the United States Government, as well as a government agency of the same name. The mission of the Peace Corps includes three goals: providing technical assistance, helping people outside the United States to understand US culture, and helping...
upon completing his medical degree.
Conviction in First Trial
In 2004 Hurwitz was convicted of over 50 counts of distribution of narcotics originally sentenced to four 25-year sentences and forty-six 15-year sentences, all of which were to be served concurrently, and was fined $2 million (U.S.). During the prosecution of the first case, all of Dr. Hurwitz's property was seized.Dr. Hurwitz maintains that he was duped by his patients, and that the enforcement tactics being applied in the War on Drugs
War on Drugs
The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
unfairly target law-abiding doctors, leading to a situation where doctors must choose between providing compassionate care and accepting personal liability for what their patients do with prescribed medications.
His case has potentially serious ramifications among all practitioners of pain medicine, and is considered by many to be a drastic example of the overreach of anti-drug law enforcement efforts.
Conviction Overturned on Appeal
His conviction was overturned by the U.S. Court of Appeals for the Fourth Circuit on August 22, 2006, due to errors by the trial judge that essentially prevented the jury from considering Hurwitz's defense—that he was prescribing the medication in good faith as part of the regular practice of medicine. His re-trial began on March 26, 2007 in federal district court for the Eastern District of Virginia. Dr. Hurwitz's entire defense team—including four expert witnesses and every attorney—worked on the matter pro bono, i.e. for free.Conviction in Second Trial
On April 27, 2007 jurors found William E. Hurwitz guilty of 16 counts of drug trafficking and determined that he prescribed massive quantities of medicine to patients in chronic pain. The 12-member jury acquitted Hurwitz on 17 other trafficking counts. District Judge Leonie Brinkema dismissed the remaining 12 counts. http://www.washingtonpost.com/wp-dyn/content/article/2007/04/27/AR2007042702204.html His two lead trial attorneys for the second trial were Lawrence Robbins and Richard Sauber, of Robbins, Russell, Englert, Orseck & Untereiner, and Fried, Frank, Harris, Shriver & Jacobson, respectively.On July 13, 2007 Judge Brinkema sentenced Hurwitz to four years and nine months. The judge said that most of Hurwitz's practice was legitimate medicine that saved patients' lives and that medical literature increasingly supports his theories on the propriety of massive drug doses to treat patients in chronic pain. "An increasing body of respectable medical literature and expertise supports those types of high-dosage, opioid medications," the judge said. http://www.washingtonpost.com/wp-dyn/content/article/2007/07/13/AR2007071301035.html
The judge added that Hurwitz had undermined his own cause by ignoring that some patients were clearly drug dealers and Hurwitz admitted before sentencing that he had deceived himself about some patients who in retrospect were clearly criminals.
Since Hurwitz has already spent over 2-1/2 years in prison his lawyers believe he will be eligible for release in about 18 months.http://www.iht.com/articles/ap/2007/07/13/america/NA-GEN-US-Pain-Doctor-Trial.php
Effect on Patients
Dr. Hurwitz had over 200 patients, many of whom had a difficult time finding a doctor to prescribe opioid medications. Jay Fleming. one of Dr Hurwitz patients from Arizona. had an especially hard time. Doctors would tell him they would lose their license if they prescribed opiates, something the Arizona Medical Board said was untrue.After many calls and a visit to speak with a medical board investigator. Fleming was told by the investigator that if he couldn't find a doctor, to go to methadone clinics, and if he didn't get enough, he could go to several methadone clinics, because they didn't share information.
This was unacceptable, so Fleming went to the local newspaper. After a three part article in the Kingman Minor Newspaper in April 1997 in which the Arizona Medical Board admitted they had no guidelines for doctors on the treatment of chronic pain, in November 1997 the Arizona Medical Board issued Substantive Policy Statement #7 the Use of Controlled Substances for the Treatment of Chronic Pain. Fleming was finally able to find a local doctor willing to prescribe opiates. He continues to fight for patients' rights in Arizona.
Others weren't so lucky: two patients apparently killed themselves because their severe pain went untreated after Dr Hurwitz' practice was closed. http://www.reason.com/news/show/119963.html
External links
- Press Release from DEA regarding Hurwitz sentencing
- Articles by and about Dr. Hurwitz - archived by the Association of American Physicians and SurgeonsAssociation of American Physicians and SurgeonsThe Association of American Physicians and Surgeons is a politically conservative American non-profit organization founded in 1943 to "fight socialized medicine and to fight the government takeover of medicine." The group was reported to have approximately 4,000 members in 2005, and 3,000 in...
- The Police State of Medicine: Reflections on a Case of Regulatory Abuse - Hurwitz's 1998 article
- The Police State of Medicine - Part II - Hurwitz's 2002 follow up to his 1998 article
- Conviction Of McLean Pain Doctor Overturned Washington Post article on Fourth Circuit Court decision