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Supreme Court Hears Case of Doctors Accused of Running Pill Mills

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Supreme Court Hears Case of Doctors Accused of Running Pill Mills

WASHINGTON — Towards the backdrop of a nationwide disaster of hovering opioid overdoses and deaths, the Supreme Courtroom on Tuesday thought-about the circumstances of two docs accused of working capsule mills, with the justices struggling to articulate a authorized commonplace that will separate unconventional medical practices from drug dealing.

They parsed the language of the Managed Substances Act, recalling classes realized from childhood grammar academics. They tried out analogies, together with whether or not there’s ever a good-faith exception to exceeding the velocity restrict. And so they anxious about sending docs to jail for many years over disputes about whether or not they had violated ill-defined medical norms.

The docs within the two circumstances have been convicted of illegal drug distribution. One, Dr. Xiulu Ruan, was accused of working a clinic in Alabama with a enterprise companion that issued almost 300,000 prescriptions for managed substances in somewhat greater than 4 years, making it one of many nation’s main sources of prescriptions for some sorts of fentanyl medication.

The opposite, Dr. Shakeel Kahn, was accused of writing prescriptions in Arizona and Wyoming in alternate for funds that roughly tracked the road costs of the medication. Prosecutors stated he had accepted cost in money and private property, together with firearms.

The query for the justices was learn a phrase in a regulation underneath the Managed Substances Act. The phrase set out an exception to the regulation’s prohibition and penalties, for prescriptions that have been “issued for a reliable medical goal by a person practitioner appearing within the common course of his skilled observe.”

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Eric J. Feigin, a lawyer for the federal authorities, stated that exception described an goal commonplace rooted in established medical norms, one which the 2 docs had ignored.

“They wish to be freed from any obligation even to undertake any minimal effort to behave like docs once they prescribe harmful, extremely addictive and, in a single case, deadly dosages of medication to trusting and susceptible sufferers,” he stated.

Legal professionals for the docs stated the proper commonplace was a subjective one, centered on whether or not they had acted in good religion even when their conduct was at odds with typically accepted medical practices.

“The issue is that medical requirements evolve,” stated Lawrence S. Robbins, a lawyer for Dr. Ruan. “It’s a continually evolving matter. And that deference to sufferers and their sickness and their docs requires a subjective commonplace.”

Beau B. Brindley, a lawyer for Dr. Kahn, warned of a “horrible chilling impact” that will outcome from turning the Drug Enforcement Administration into “a de facto nationwide medical board.”

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Chief Justice John G. Roberts Jr. stated that subjective understandings didn’t typically create a protection to legal costs.

A motorist stopped for driving 70 miles per hour when the velocity restrict was 55 might have believed the restrict was 70. “You continue to get the ticket, proper?” Chief Justice Roberts requested.

Mr. Robbins stated that totally different guidelines utilized for critical legal costs.

“You don’t get to defend the visitors violation primarily based in your mind-set,” he stated, including that extra was required “whenever you’re speaking about sending docs, or anyone for that matter, to jail for obligatory minimums of many years in jail.”

Justice Amy Coney Barrett proposed what she steered was a better analogy. Suppose, she stated, {that a} legal statute offers, “Besides as approved by regulation, you need to drive underneath 55 miles per hour.”

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Motorists driving a lot sooner to deliver an injured baby to an emergency room, she stated, would possibly incorrectly however in good religion perceive the exception to use to them.

Justice Brett M. Kavanaugh agreed. “If the statute says ‘besides as approved’ and also you sincerely consider you’re approved to drive 100 to get your baby to the hospital, you have to be acquitted, proper?” he requested.

Justice Kavanaugh then turned to the circumstances earlier than the court docket, Ruan v. United States, No. 20-1410, and Kahn v. United States, No. 21-5261.

“The physician might have violated that goal commonplace however might need legitimately thought that the usual was considerably totally different and, subsequently, in these circumstances shouldn’t be despatched away for 20 years to jail, proper?” he requested.

Justice Samuel A. Alito Jr., drawing on what he had realized from “my outdated English instructor,” stated the position of the phrase “knowingly and deliberately” within the statute, after the exception on which the docs relied, meant it didn’t apply to the exception, undercutting the docs’ argument that subjective good religion issues.

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The grammatical flaws within the docs’ arguments didn’t cease there, Justice Alito stated. “The issue is what an adverb can modify,” he stated. “It could actually solely modify a verb.”

Justice Stephen G. Breyer disagreed, recalling his personal faculty days.

“I had a distinct English instructor, Ms. Chichester,” he stated, “who informed us an adverb might modify a verb, an adjective or one other adverb.” (Most authorities would agree that Justice Breyer is precisely proper.)

Sounding somewhat rueful, Chief Justice Roberts stated, “I can’t bear in mind my grammar instructor’s title.”

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How Country Star Lainey Wilson Lost Weight With These 3 Small Changes

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How Country Star Lainey Wilson Lost Weight With These 3 Small Changes


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Virus outbreak in China sparks pandemic concerns: What to know about HMPV

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Virus outbreak in China sparks pandemic concerns: What to know about HMPV

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An outbreak of a highly contagious virus in China has health officials on alert.

Cases of human metapneumovirus, or HMPV, which can lead to respiratory disease, are reportedly spiking in northern China, the country’s health officials have said. Children 14 and under are said to be most affected.

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While not as widely known as other viruses, HMPV is not new. The virus was first discovered in 2001 and is in the same family as respiratory syncytial virus (RSV), according to the U.S. Centers for Disease Control and Prevention (CDC).

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Pandemic potential?

Videos have appeared on social media showing overwhelmed hospitals in China, sparking concerns of a potential pandemic.

An art teacher paints a poster to raise awareness against the spread of the HMPV virus in Mumbai, India, on Jan. 6, 2025.  (Getty)

The Chinese Foreign Ministry has attributed the spike to a regular seasonal surge, saying in a statement on Friday, “Respiratory infections tend to peak during the winter season … the diseases appear to be less severe and spread on a smaller scale compared to the previous year.”

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The CDC has said it is monitoring the virus through its National Respiratory and Enteric Virus Surveillance System (NREVSS).

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“CDC is aware of reported increases in HMPV in China and is in regular contact with international partners and monitoring reports of increased disease,” a CDC spokesperson said in a statement sent to Fox News Digital. 

“These reports are not currently a cause for concern in the U.S., though some transmission of HMPV can be expected throughout the year, especially during the winter respiratory virus season.”

HMPV vial

The virus was first discovered in 2001 and is in the same family as respiratory syncytial virus (RSV), according to the CDC. (iStock)

The agency also said, “We can expect that existing surveillance systems will rapidly detect any increase in HMPV cases in the U.S.”

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“CDC will continue to monitor and provide important updates to the public.”

Influenza A is currently driving hospitalizations in China, according to the same source.

“There is no reason to feel it has taken over and is becoming the next pandemic, but on the other hand, it is difficult to know the full story.”

Dr. Marc Siegel, clinical professor of medicine at NYU Langone Health and Fox News senior medical analyst, noted that HMPV is generally mild, but can lead to pneumonia.

“There is no reason to feel it has taken over and is becoming the next pandemic, but on the other hand, it is difficult to know the full story because of China potentially withholding information,” he told Fox News Digital.

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CDC

“CDC is aware of reported increases in HMPV in China and is in regular contact with international partners and monitoring reports of increased disease,” a CDC spokesperson said in a statement sent to Fox News Digital.  (iStock)

Dr. Jacob Glanville, CEO of Centivax, a San Francisco biotechnology company, noted that most people are infected by the time they turn 5 years old.

“It is of unique risk to children, but not thought to have broader pandemic potential,” he told Fox News Digital.

Symptoms and spread

Anyone can contract HMPV, but the highest-risk groups include young children, older adults and immunocompromised people, per the CDC.

In most people, symptoms of the virus are similar to a common cold — fever, nasal congestion and shortness of breath, the health agency stated.

In cases of severe illness, HMPV can lead to bronchitis or pneumonia. 

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Most people will begin experiencing symptoms within three to six days of exposure, the CDC noted.

“Similar to RSV and influenza, it can be severe in young children, the elderly, and in people with underlying conditions like asthma or COPD,” said Scarpino.

HPMV is typically transmitted from human to human through coughing, sneezing or close contact.

The Chinese Foreign Ministry has attributed the spike to a regular seasonal surge, saying in a statement on Friday, "Respiratory infections tend to peak during the winter season."

The Chinese Foreign Ministry has attributed the spike to a regular seasonal surge, saying in a statement on Friday, “Respiratory infections tend to peak during the winter season.” (iStock)

Someone can also become infected by touching contaminated objects or surfaces.

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It is a seasonal virus, the CDC noted — in the U.S., HMPV primarily circulates from winter through spring.

“It is respiratory virus season, so it is mixed in with flu, COVID and RSV,” Siegel noted.

“It can be severe in young children, the elderly, and in people with underlying conditions.”

Glanville pointed out that HMPV is like RSV in terms of causing similar respiratory symptoms — sore throat, coughing or wheezing, fever and runny nose. 

“HMPV produces cold-like symptoms in most adults, but poses a higher risk of bronchitis, pneumonia and death in infants, and also holds an elevated risk of severe disease in older adults and individuals with weakened immune systems,” he told Fox News Digital.

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Wash hands

Frequent hand-washing is among the preventative steps recommended by the CDC. (iStock)

Samuel Scarpino, director of AI and life sciences and professor of health sciences at Northeastern University in Boston, agrees that the general risk in the U.S. is low.

“Most everyone will have had it at least once during childhood,” he said. “In the U.S., it tends to peak a bit later than influenza, but still in the winter months.”

      

“Based on what I’m seeing, there isn’t a concern of a pandemic being started by HMPV, but we are all watching the situation in China closely,” he told Fox News Digital. 

“Right now, the U.S. is experiencing sizable outbreaks of COVID, influenza, RSV and norovirus, and there’s relatively little HMPV spreading in the U.S.”

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Treatment and prevention

HMPV can be diagnosed with two different types of tests that detect the virus, according to the CDC.

The agency recommends that health care professionals test for the virus in winter and spring.

There is currently no treatment for the vaccine.

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“While there is a vaccine for RSV, an HMPV vaccine has not been approved,” Glanville told Fox News Digital. 

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“As such, HMPV is currently treated with rest, hydration, NSAIDs, cold medicine, and in some cases, inhalers and steroids.”

HMPV vaccine

“While there is a vaccine for RSV, an HMPV vaccine has not been approved,” an infectious diseases expert told Fox News Digital.  (iStock)

The CDC recommends the following methods of prevention on its website.

– Wash hands frequently with soap and water for at least 20 seconds

– Avoid touching the eyes, nose or mouth with unwashed hands

– Avoid close contact with people who are sick

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– Cover the mouth and nose when coughing and sneezing

– Avoid sharing cups and eating utensils with others in the presence of symptoms

– Stay at home if sick

– Sanitize common surfaces and objects

For more Health articles, visit www.foxnews.com/health

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“Individuals should ensure they are vaccinated against COVID, influenza and RSV and that they take precautions like rapid testing and masking if they have symptoms,” Scarpino advised. 

“We now have over-the-counter rapid tests that simultaneously check for flu A, flu B and COVID.”

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Is Trulicity or Ozempic Better for Weight Loss? Experts Weigh In

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Is Trulicity or Ozempic Better for Weight Loss? Experts Weigh In


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