My lawyer called today to tell me that we won our case to restore my pancreatic medication. The judge, in part, used the feds' own documentation in my favor. It stated I have indefinite approval, since February 2019. There are years of records showing that Medicare's contractor paid for this drug, and years of medical records showing it to be most effective and within the federal guidelines for acceptable use.
We have consistently won prior approvals, since 2015. There is a dark reason for the last nine months of my suffering, and it involves a change in the national drug code. It is the "why" behind it that Medicare never addressed when it repeatedly denied me, citing irrelevant laws that diverted attention away from the truth. There was a federal legal action taken against the maker of my drug, Syndros, that compelled it to declare bankruptcy and sell the formulation for my drug, causing a change in the national drug code.
Where the feds failed me and potentially others is in not checking which Medicare recipients might be impacted by this change in the national drug code for this drug. It was a simple change in numbers for them. It destroyed eight months of physical therapy gains for me, and sent my life into nine months of a living nightmare in which I screamed, cried in pain, woke up fighting, and prayed for a swift death every day and night, while they continued working their cushy jobs, enjoying their healthy lives. It took months of life I didn't get to live, but merely existed, hoping the next breath would be my last.
I am still processing everything, from the ruling, a welcome victory, to the horror of what my government allowed to happen but for a simple five-second search. I was not part of the drug enforcement. Selling a drug company for any reason is no reason to deny anyone access to a drug. We contacted the involved agencies, save for main Justice. They had to the power to do a simple search but chose not to use it.
All the bogus reasons, regulations, and laws they invoked? An insult to every disabled American. They failed to contain the impact of their own drug enforcement. Shame on them.
I'm afraid I will need many words with many people, and I won't be able to wait until I'm at full strength.
There is more to this ruling, including the feds' right to call for a review. I will write in more detail in a future post.
"All that's necessary for evil to triumph is for good men to do nothing." Edmund Burke, Irish statesman, economist, and philosopher
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