Pain (43 page)

40
. For “that will bring …,” see Shapiro and Rich, “Hill Alters Rules for Disability,” 1, 3; Congress and the administration both objected to the lack of uniformity across the courts in how disability was evaluated; see Kevin F. Foley, “Establishing Medically Determinable Impairments,”
Trial
(April 1, 1999); for “substantially limit …,” see Eileen Sweeney, “New Disability Legislation Enacted,”
Clearinghouse Review
18 (1984–1984): 819; on the pain question, the Institute of Medicine Report on pain and disability was published in 1987. Marian
Osterweis, Arthur Kleinman, and David Mechanic, eds.,
Pain and Disability: Clinical, Behavioral, and Public Policy Perspectives
(Washington, D.C.: National Academy Press, 1987); on the expert panel, see “Report of the Commission on the Evaluation of Pain,”
Social Security Bulletin
50 (January 1987): 13–44,
www.ssa.gov/policy/docs/ssb/v50n1/v50n1p13.pdf
. See also Michael Ruppert, “Developments in Social Security Law,”
Indiana Law Review
22 (1988): 401; and Rodgers, “Subjective Pain Testimony,” 200.

41
. On search for middle ground and polarization, see Rodgers, “Subjective Pain Testimony,” 192. In an effort to get beyond the conflicting court rulings on the status of pain, Congress in 1984 enacted a statute that included an express provision for evaluating pain: Social Security Disability Benefits Reform Act of 1984, Pub. L. No. 98-460, § 3(a)(1), 98 Stat. 1794, 1799–1800 (codified at 42 U.S.C. § 423(d)(5)(A) (1988)); discussed in Ellen Smith Pryor, “Compensation and the Ineradicable Problems of Pain,”
George Washington Law Review
59 (January 1991): 239–306, 243.

42
. Rodgers, “Subjective Pain Testimony,” 195; On administration's upper hand, see Shapiro and Rich, “Hill Alters Rules for Disability,” A1.

43
. Polaski v. Heckler, No. 84-5085 (8th Cir., Dec. 31, 1984).

44
. On the completion of the Polaski story, see “Supreme Court Upholds Disability Ruling,”
Atlanta Daily World
, June 18, 1987, 1; on the Polaski standard, see Osterweis, Kleinman, and Mechanic,
Pain and Disability
, 57.

45
. Rodgers, “Subjective Pain Testimony,” 195. For “apply the requirement …,” see Foley, “Establishing Medically Determinable Impairments.”

46
. Legal scholar Ellen Smith Pryor noted that pain remained an ineradicable problem, “a troublesome and largely unexplored area in the vast world of nontort compensation programs.” Pryor, “Compensation and the Ineradicable Problems of Pain,” 244. As Pryor noted, “Congress's sunset date of Jan 1, 1987 passed without an alternative” pain standard.

47
. Joseph Sobran, “The Averted Gaze: Liberalism and Fetal Pain,”
Human Life Review
10 (Spring 1984): 5–15, cited in Sara Dubow, “Debating Fetal Pain, 1984–2007” in
Ourselves Unborn: A History of the Fetus in Modern America
(New York: Oxford University Press, 2011). See, for example, Joseph Sobran, “The Science, Law, and Politics of Fetal Pain Legislation,”
Harvard Law Review
115 (May 2002): 2010–33. On
The Silent Scream
, see Dena Kelman, “Debate on Abortion Focuses on Graphic Film,”
New York Times
, January 25, 1985, B8.

48
. For “if every member …,” see Kelman, “Debate on Abortion”; see also Ronald Reagan, “Remarks to Participants in the March for Life Rally January 22, 1988,”
Weekly Compilation of Presidential Documents
24, no. 3 (Monday, January 25, 1988): 74.

49
. “Remarks at a White House Ceremony for Participants in the National Initiative on Technology and the Disabled, December 3, 1985,”
Public Papers: Reagan
, 2:1429.

50
. A. H. Lebovits et al., “The Prevalence and Management of Pain in Patients with AIDS: A Review of 134 Cases,”
Clinical Journal of Pain
5 (1989): 245–48; for “became associated with …,” see 1990 interview sponsored by Center for Applied Christian Ethics, Wheaton College (undated), “Dr. C. Everett Koop on HIV/AIDS,” YouTube video, posted by cacewheatoncollegeil on November 19, 2008,
www.youtube.com/watch?v=ivdBODl7YTg
.

51
. For “yuppie flu,” see Muhammad Yunus, “Fibromyalgia Syndrome: A Need for Uniform Classification,”
Journal of Rheumatology
10 (December 1983): 841–44; see also D. L. Goldenberg, “Fibromyalgia Syndrome: An Emerging but Controversial Condition,”
Journal of the American Medical Association
257 (May 22, 1987): 2782–87; Muhammad Yunus, “Fibromyalgia Syndrome: New Research on an Old Malady,”
British Medical Journal
289 (February 25, 1989): 474; Lawrence K. Altman, “Chronic Fatigue Syndrome Finally Gets Some Respect,”
New York Times
, December 4, 1990, C1; Robert Aronowitz, “From Myalgic Encephalitis to Yuppie Flu: A History of Chronic Fatigue Syndromes,” in
Making Sense of Illness
(New York: Cambridge University Press, 1998); Susan Greenhalgh,
Under the Medical Gaze: Facts and Fictions of Chronic Pain
(Berkeley: University of California Press, 2001); for “whether patients have …,” see Philip M. Boffey, “Fatigue ‘Virus' Has Experts More Baffled and Skeptical Than Ever”
New York Times
, July 28, 1987, C1; see also Jane Brody, “Chronic Fatigue Syndrome,”
New York Times
, July 28, 1988, B6; for CFS exemplification and other discussion, see Marilyn Dunlop, “MDs Pinpoint ‘Yuppie Plague' Virus,”
Toronto Star
, February 14, 1987, H2; “Study Says ‘Yuppie Disease' May Just Be Depression,”
St. Petersburg Times
, May 11, 1988, 7A. For the SSA's interpretation of CFS, see Providing Medical Evidence to the Social Security Administration for Individual with Chronic Fatigue Syndrome: A Guide for Health Professionals (Social Sec. Admin. Pub. No. 64-063, Feb. 1996), discussed in Foley, “Establishing Medically Determinable Impairments”; Dara E. Purvis, “A Female Disease: The Unintentional Gendering of Fibromyalgia Social Security Claims,”
Texas Journal of Women and Law
21 (Fall 2011): 85–118; for “potential for manipulation …,” see Foley, “Establishing Medically Determinable Impairments,” quoting from the 1991 case Cline v. Sullivan, 939 F.2d 560, 568 (8th Cir., 1991).

52
. For “millions,” see Rovner,
Washington Post
, May 28, 1986, H9. Colman McCarthy, “Abortion: The Pain Debate,”
Washington Post
, February 26, 1984, 42.

53
. For “stage two …,” see “Republican Governors Association—Remarks at a Dinner for Members. October 7, 1986,”
Weekly Compilation of Presidential
Documents
22, no. 41 (Monday, October 13, 1986): 1353; for “many years ago …,” see “Remarks at a Rally for Senator James T. Broyhill, October 8, 1986,”
Weekly Compilation of Presidential Documents
22, no. 41 (Monday, October 13, 1986) 1353.

54
. Bowen insisted that he “did nothing illegal,” pointing out that DMSO was approved for investigational uses in drug therapy. Spencer Rich and Cristine Russell, “Reagan to Nominate Bowen for HHS,”
Washington Post
, November 8, 1985, A3. On the politics of DMSO in the early 1980s, see Phillip W. Davis, “An Incipient ‘Wonder Drug' Movement: DMSO and the Food and Drug Administration,”
Social Problems
32 (December 1984): 197–212; and Linda Garmon, “Judging DMSO: There's the Rub,”
Science News
122 (December 18–25, 1982): 398–99, 408. As one news account reported, “Bowen said he also gave his wife capsules containing the active ingredient in marijuana to ease her pain.” For this and “why can't [a] dying person …,” see Jon Van, “Used Banned Drugs on Cancer: Doctor,”
Chicago Tribune
, February 14, 1981, 1; on accusations from the Religious Right, fourteen antiabortion groups hurled these charges after Bowen was nominated. Rich and Russell, “Reagan to Nominate Bowen for HHS,” A3; for involvement of U.S. Supreme Court, see “Supreme Court Upholds Disability Ruling,” 1.

1
. For Miller's decision and communication with Kevorkian, see “People of the State of Michigan, Plaintiff, v. Jack Kevorkian, Defendant,”
Issues in Law and Medicine
9 (1993): 189–208; Michigan v. Kevorkian, No.: CR-92-115190-FC (Mich. Cir. Ct., July 21, 1992); for “suicide-machine,” see Susan K. Jezewski, “Can a Suicide Machine Trigger the Murder Statute?”
Wayne Law Review
37 (1990):1931–50.

2
. Jezewski, “Can a Suicide Machine.”

3
. Geoffrey N. Fieger, “Commentaries: The Persecution and Prosecution of Doctor Death and His Mercy Machine,”
Ohio Northern University Law Review
20 (1993–1994): 659–71.

4
. For “even if they [these measures] …,” see Paul Hoffman, “Pope Grants Use of Pain Reliever,”
New York Times
, February 25, 1957, 1; for polarization in 1990s cultural politics, see George Lakoff,
Moral Politics: How Liberals and Conservatives Think
(Chicago: University of Chicago Press, 1996).

5
. On the rise of evangelical religious groups and their turn to the Republican Party, see Paul Boyer, “The Evangelical Resurgence in 1970s American Protestantism,” in
Rightward Bound: Making America Conservative in the 1970s
, ed. Bruce Schulman and Julian Zelizer (Cambridge, MA: Harvard University Press, 2008).

6
. John Dillin, “Lawyers' Alert! Outsiders Line Up to Challenge Congressional Incumbents,”
Christian Science Monitor
, January 14, 1994, 1.

7
. For “I'm tired of apologizing …,” see Ruth SoRelle, “Computerized Pump Spells R-E-L-I-E-F for Intense Pain: Program Allows Patients to Get the Medication as They Need It,”
Houston Chronicle
, June 30, 1986, 1; C. Stratton Hill Jr., “Pain Management in a Drug-Oriented Society,” supplement,
Cancer
63 (June 1, 1989): 2383–86; for Congress rejection, see
A Bill to Amend the Controlled Substances Act to Authorize the Use of Heroin for Terminally Ill Cancer Patients: Hearing before the Subcommittee on Health and the Environment of the Committee on Interstate and Foreign Commerce
, Ninety-Sixth Congress, second session on H.R. 7334, September 4, 1980 (Washington: U.S. Government Printing Office, 1980); for Hill's advocacy, see D. M. Thorpe, “Texas Intractable Pain Treatment Act of 1989,”
Dimensions in Oncology Nursing
4, no. 1 (Spring 1990): 33–34. “Cancer Society Chief Admits Its Neglect of Poor,”
Houston Chronicle
(April 3, 1989), B8.

8
. “Cancer Society Chief Admits Its Neglect of Poor,”
Houston Chronicle
, April 3, 1989, B8.

9
. Ibid.

10
. “Special Session to Cover Three More Topics Added by Clements,”
Houston Chronicle
, June 28, 1989, A22; as the article noted, the state's lieutenant governor, Bill Hobby, also strongly supported the proposed Intractable Pain Treatment Act aimed at overriding the “Texas Medical Practices Act, which raises questions about physicians prescribing drugs for patients with incurable pain.”

11
. For “no physician may be subject …,” see Texas Civil Statutes / Title 70: Health Public / Art. 4495c Intractable Pain Treatment Act (November 1, 1989); for “the war on drugs …,” see C. S. Hill, “The Intractable Pain Treatment Act of Texas,”
Texas Medicine
88, no. 2 (May 1992): 70–72; Dianna Hunt, “Living with Pain: Doctors' Insensitivity, Legal Fear Cause Needless Suffering,”
Houston Chronicle
, December 15, 1991, 1; Hugh McIntosh, “Regulatory Barriers Take Some Blame for Pain Undertreatment,”
Journal of the National Cancer Institute
83 (1991): 1202–4; Dianna Hunt, “Wider Use of Painkillers Urged: Patients' Hospital Stays Could Be Shortened, Experts Say,”
Houston Chronicle
, March 6, 1992, 10; Laura E. Keeton, “Officials Give Conflicting Opinions about Painkiller,”
Houston Chronicle
, August 25, 1992, A12; C. Richard Stasney and C. Stratton Hill, “Pain Control and the Texas State Board of Medical Examiners,”
Texas State Board of Medical Examiners Newsletter
15, no. 1 (Spring/Summer 1993): 1.

12
. David L. Ralston, “Pain Management: Texas Legislative and Regulatory Update,”
Journal of Law, Medicine, and Ethics
24 (1996): 328–37.

13
. For middle road, see Anne C. Roark, “Coalition Forms to Ease Pain of Cancer,”
Los Angeles Times
, February 16, 1992, 3; Hill, “Pain Management in a Drug-Oriented Society,” 2383–86. Hill defined a drug-oriented society as “a society that considers drugs paramount in treating illness and solving a wide variety of physical and emotional problems.” Others in the field decried an overregulation of drugs. See “Relieving Patient Pain in a Regulated Environment: A Medical Dilemma for the 1990s,”
Journal of Pain and Symptom Management
5 (February 1990); Robert T. Angarola and David E. Joranson, “State Controlled Substances Laws and Pain Control,”
APS Bulletin
2 (1992), 10–11, 15; Robert T. Angarola and David E. Joranson, “Wins and Losses in Pain Control,”
APS Bulletin
3 (1993), 8–9.

14
. On the pain summit and for “we should create …,” see “Summit on Effective Pain Management: Removing Impediments to Appropriate Prescribing,”
Los Angeles Times
, March 18, 1994; Shari Roan, “A World of Hurt,”
Los Angeles Times
, March 29, 1994, E2; Harvey Rose, “Anatomy of a Pain Summit,”
Sacramento Medicine
(November 1994); see also “Cancer Painkillers,”
Orlando Sentinel
, August 1, 1993, G7; for “nurses' refusal to administer …,” see Ben A. Rich, “Physicians' Legal Duty to Relieve Suffering,”
Western Medical Journal
175 (September 2001): 151–52; on moral and political questions, see, for example, Michael R. Flick, “The Due Process of Dying,”
California Law Review
79 (July 1991): 1121–67; and “Physician-Assisted Suicide and the Right to Die with Assistance,”
Harvard Law Review
105 (June 1992): 2021–40.