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Posts with tag legal

Thought for the Day: When options run out

Today I offer you not so much a Thought for the Day but a Question for the Day. Before I ask my pressing question, though, I want you to consider this story.

Diagnosed with a rare malignant melanoma on her retina in 2001, Ann Guthrie, a South Carolina wife and mother of two grown sons, endured radiation and chemotherapy. The treatments shrunk Guthrie's tumor, but another mass appeared two years later, forcing the removal of her right eye.

At about the same time Guthrie lost her eye, cancer was discovered in her lungs. It was inoperable. Then cancer landed in her brain. And now, without any approved treatment avenues, Guthrie is out of options.

Like many people with terminal illnesses, this woman is willing to try just about anything -- a clinical trial, experimental drugs, risky treatments -- to extend her life. If she's going to die anyway, why not? She just might live longer. And if she doesn't, she could at least help advance science by offering herself up as a sort of guinea pig.

While the Food and Drug Administration (FDA) has proposed changes that would make it easier for patients to access options like these, it's just not that simple right now.

There are ethical issues -- like weighing the needs of people who think anything is better than death against the need of society to prove drugs and treatments work safely. The only way to ensure a sort of balance is through clinical trials -- and letting anyone participate in clinical trials, for example, would make the results harder to interpret.

And there are medical and legal risks. What if terminally ill patients end up in worse shape after a treatment with an experimental drug, for example? What if the FDA or a physician is considered responsible for adverse drug reactions?

Denying terminal patients their last bits of hope is difficult. "It's a hard discussion to have with a patient and his family," says one doctor. "There's a lot of tears. We all would love to be able to get them access to some form of therapy."

And now for my question:

What do you think about terminally ill cancer patients and their access to anything that might extend -- or save -- their lives?

Woman claims drug caused breast cancer, wins $1 million

An Arkansas woman claiming the hormone replacement drug Prempro caused her breast cancer just won her legal battle against Wyeth, the maker of the drug.

Mary Daniel was awarded $1 million in compensatory damages thanks to a Philadelphia jury decision stating Wyeth acted with malice or reckless disregard for selling Prempro -- the drug Daniels took for 16 months to relieve hot flashes. The next step for Daniels, whose husband will receive $500,000, is a hearing to consider punitive damages.

Wyeth's lawyer argues that Prempro -- a combination of estrogen and progestin -- is still prescribed to women and suggests Daniel's breast cancer was caused by other risk factors, such as family history of the disease.

Guru of Ganja: medical marijuana advocate faces new pot charges

Medical marijuana advocate Ed Rosenthal has been indicted again by a federal grand jury on a number of counts including conspiracy to manufacture and distribute marijuana; money laundering and filing false tax returns related to a marijuana operation.

This is not the first time Rosenthal has been brought up on charges involving medical marijuana activities. Three years ago, he was convicted for cultivating marijuana for a city of Oakland medical marijuana program. An appeals court overturned the conviction this past April, citing jury misconduct, but it upheld federal powers to charge marijuana growers.

The Ask Ed columnist for High Times magazine Rosenthal, 61, known as the Guru of Ganja and author of marijuana cultivation books, is quoted as saying, "What they're trying to show is that they can close down anybody, a legitimate club, a legitimate provider who's sanctioned by the city. They're trying to stop patients from getting their medicine."

Other medical marijuana-related posts include:
Medical use of marijuana on a doctor's recommendation is legal in a number of states but prohibited by federal law.

Concert benefit held for headline-making Abraham Cherrix

Teenager Abraham Cherrix made national headlines recently with a legal battle that earned him the right to fight cancer on his own terms. Cherrix, 16, who chose to treat his disease with alternative treatments after traditional therapy failed to cure him of Hodgkin's disease, was told by the courts that his choice was not acceptable -- that he must undergo higher doses of chemotherapy in combination with radiation and followed by stem cell transplant. Cherrix ended up a winner in court and is currently receiving the therapy of his choice. But despite the legal win, Cherrix and his family are losing financially.

The Cherrix family owns a kayak company in Virginia, and spring and summer are peak seasons. Since the family had to close shop on many occasions due to court appearances, profits suffered. So on Sunday afternoon, local musicians headlined a fundraising concert -- billed as Voices for Choices -- to help with medical and court costs. Cherrix could not attend -- he's in the midst of treatment in Mississippi -- but the show went on. And while the money raised is not enough to cover all outstanding bills, it is enough to remind the family of all the caring people in the world.

Reports from family indicate Cherrix is doing well with treatment and that his tumor is shrinking. If he continues to make progress, he may be able to return home soon -- so he can thank those whose support is so much more than money can buy.

Mother bravely battles border for son battling leukemia

Luis Carranza is just eight years old. And he is just a few years -- or perhaps a few months -- away from dying as a result of a weakened immune system due to aggressive treatment for leukemia. The same treatment that at one time brought remission for this boy also attacked his central nervous system, caused seizures, brought on terminal and irreversible brain damage, and eventually sent him into a vegetative state. Luis has traveled a rough road -- and so has his mother who illegally slipped him across the Mexican border into the United States in hopes of treatment to save her young son's life.

Guadalupe Carranza did find salvation for her son in a Texas hospital and for more than one year, Luis received chemotherapy and radiation -- and loads of love from staff and volunteers who helped care for him. Guadalupe was not always there for her son, though, because after locating helpful health care and social services, she was deported to Mexico. She tried to return on many occasions and even received assistance from doctors, nurses, social workers, and attorneys who worked to find a legal way to unite Guadalupe and Luis. But not until Luis fell into a coma did efforts pay off.

After negotiation with border and consulate officials, Guadalupe was granted a humanitarian parole visa and legally crossed into the United States on May 8. The visa allowed her 60 days -- but officials agreed to let her stay until Luis passes away. And so she stays -- by her son's bedside where he rests peacefully in a place that gave him a chance at life. A chance his mother says he never would have had in Mexico.

Sunday Seven: Seven super searches to make at Wikipedia

I have made on-line visits to Wikipedia many times -- mostly for information on cancer. And what I've found are endless resources, thoroughly-covered topics, and material that is easy to read and easy to understand. Wikipedia, a free on-line encyclopedia -- where readers can participate in editing and changing content -- offers information on just about any topic you can imagine. And here are seven stops you might make in pursuit of cancer-related material.

Continue reading Sunday Seven: Seven super searches to make at Wikipedia

Cancer patients surviving cancer fear job discrimination

Some employers are understanding while others are not so accommodating when it comes to an employee's need for a more flexible schedule or time off from work while they undergo the rigors of chemotherapy, surgeries and other cancer treatments. According to the Disability Rights Legal Center at Loyola Law School, cancer can be considered a disability, and cancer patients treated unfairly have remedies through laws that protect the disabled.

"In fact, people with cancer face a lot of employment discrimination," states Eve Hill of the Disability Rights Legal Center. Barbara Schwerin, who heads the Cancer Legal Resource Center, estimates they get about 300 calls from cancer patients each month. Because of the extreme fatigue, and other disabling side effects a cancer patient can suffer from cancer surgeries and treatments, patients often worry if they will lose their job in the process. Schwerin reassures them that they often have legal rights that will protect them from less understanding employers. Really, the last thing a cancer patient needs to worry about -- while they are fighting to stay alive and survive cancer -- is whether they will have a job or a roof over their heads and food in the pantry.

Erin Brockovich: talks to homeowners about toxic spill lawsuit

Erin Brockovich-Ellis traveled to Ithaca to tell local homeowners she thinks they have a strong legal case against Emerson Power Transmission for damages resulting from the plant's contamination of the area with the industrial solvent, trichloroethylene, or TCE, a potentially potent carcinogen. It seeps into groundwater. According to Brockovich-Ellis, "the residents are not dealing with a rinky-dink amount of TCE," and went on to indicate that the TCE numbers are some of the highest she has ever seen. A spokesperson for Emerson is quoted as saying that the company was not aware of any lawsuit and had no comment. They might not have a comment but I seriously doubt they are unaware of the potential lawsuit or the arrival of Brockovich-Ellis.

Neither a lawyer or scientist, she has become legendary for her activism and work regarding environmental issues related to cancer incidence. What made her famous was the curious, relentless, tenacious, and fearlessness of her pursuit in exposing the truth of the incident involving Pacific Gas and Electric who had been knowingly exposing residents groundwater to the cancer-causing agent chromium 6 and the cancer deaths that followed. Like I said, because of who she is and the reputation that precedes her, I have difficulty believing the Emerson spokesperson when he states they are not even aware of the arrival of Brockovich-Ellis and the lawsuit her firm is interested in taking on against the company.

In an earlier post, TCE: groundwater contamination in toxic triangle of cancer, we shared a story about residents in Texas who plant small purple crosses in the front lawns of those who have been diagnosed with cancer. They believe they have been poisoned by the TCE that was dumped at a military base for decades and subsequently spread for miles through a shallow aquifer under the 22,000 nearby homes where they live. 

Teen says thanks but no thanks to high dose chemotherapy

Abraham Starchild Cherrix was diagnosed with Hodgkin's lymphoma last summer and went through three months of chemotherapy. Early this year, tests showed the chemotherapy had not achieved the goal of cancer remission and his doctors recommended more chemotherapy and radiation. Since being diagnosed with cancer, Cherrix has done his research, and when the doctors told him they would like him to undergo additional chemotherapy and radiation, he said thanks but no thanks. He has lost faith in conventional medicine to help him, and he is concerned about the poisonous damage chemotherapy and radiation will do to his body. He is not alone.

Cherrix wants to try alternative therapies now to combat a cancer that chemotherapy has failed to defeat. He is interested in a bible-based diet, and the Hoxsey formula involving herbs and nutrition. He has contacted the Association for Research and Enlightenment, a center founded by Christian psychic Edgar Cayce and a clinic in Tijuana, Mexico. Like I said, he is not alone. The interest and use of alternative therapies is a choice some cancer patients make to treat their cancer. Ultimately it is up to the cancer patient how the cancer is treated. So what is the big deal that Cherrix has chosen this route? He is 15 years-old. So when he made his intentions clear, with the support of his parents, child services and the court stepped in and legally ordered him to begin chemotherapy and radiation. His parents have been threatened with losing custody of their son.

It's a tough call. There is a cancer patient who does not believe in a treatment he is being forced to undergo -- and having faith in your doctors and treatment can affect how well a treatment works -- and life and death decisions and courses of action that often do not come with a second chance. If Cherrix were an adult, none of this would be a legal issue. Do you think the courts have a right to intervene?

Breast cancer has made me a criminal patient story

"On the night of my first round of chemotherapy, exactly six hours after I left the oncologist's office wondering what all the fuss was about, my stomach tumbled into my knees, my knees refused to work altogether, and I crumpled to the floor in a clammy, shivering heap.
   
I lay there until dawn, at one point vomiting on myself, at another crying that I'd rather die of cancer than undergo chemo again."


Breast cancer made me a criminal is a Boston Globe opinion piece written by Lynda Gorov -- a breast cancer patient who shares a personal account of the misery she suffered from the side effects of chemotherapy treatment and her choice to turn to the possible use of marijuana for relief. She pulls no punches and makes a good point, by way of using herself as an example, for the benefits of medical marijuana use and the ludicrous stand the government has taken to the legalities of marijuana for medical purposes. If you are sitting on the fence on this issue, or have never gone through chemotherapy and might not appreciate the grueling life-debilitating experience, her editorial is a fair one to read.

Action alert! save our mammograms and cancer screenings

The American Cancer Society, ACS, Cancer Action Network, CAN, has issued a Save Our Mammograms and Cancer Screenings action alert for concerned citizens concerning legislation S.1955 designed to undermine important patient protections and hamper efforts to prevent, detect and treat cancer. State laws that ensure cancer screenings protections will be threatened. According to the ACS, this bill would eliminate all of the progress made in the states that guarantee access to mammograms, colon cancer screening, pap smears, clinical trial participation, off-label drug use and other cancer screenings and treatments. The ACS is asking Americans to stand up to protect these vital cancer screenings. ACS has provided an easy-to-use online form that allows citizens to contact U.S. Senators and voice opposition to this legislation. It is an election year. They just might pay a little more attention to what the voters have to say right now. Go here to speak up and have your opinion count.

Thank to Keri of 500 Miles 2 Nowhere for this blog lead!

Medical marijuana cancer patients forced into black market

In the United States, there is the war on drugs. There is a war on cancer. There appears to be a war on cancer patients who need to use medical marijuana. In Canada, the Global National is reporting that medical marijuana patients are being forced into the black market for the marijuana they need. In the United States, the same goes on. Borders blur, and the wars seem to be the same.

At the bottom of an old Winnepeg, Manitoba mine marijuana is legally grown and dried for cancer patients to use. But it is of such poor quality, it is estimated that a third of the pot is returned. Then there are the cancer patients who can not afford the cost Health Canada charges.

Because of these factors, cancer patients are turning to compassion clubs for help. According to Phillipe Lucas, who has set up a compassion club for cancer patients, "Compassion clubs are serving more people than Health Canada, we're creating a better supply than Health Canada. And we're doing more legitimate research than Health Canada and we're doing all of this at no cost to the taxpayer." Marijuana is classified as an illegal drug. Putting aside your opinion on whether marijuana should be legalized -- right now it is not legal -- and essentially this is making criminals out of cancer patients. Unless you are a cancer patient who has experienced the grueling cruel side-effects of chemotherapy, or the persistent pain of cancer, you might not appreciate that there are a limited number of drugs that work to alleviate side-effects and physical pain. Sometimes none of the prescription drugs work. For some cancer patients, marijuana seems to work.

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