A Retired Marine Trying to Find an Attorney to Sue On Behalf of Veterans

A Retired Marine Trying to Find an Attorney to Sue On Behalf of Veterans

A retired Marine is looking for an attorney. Robert Rose, the Tennessee Marine who has been fight a one-man battle against the V.A. Medical System over the denial of pain medication for vets, wants to start a class action suit.

Rose—reached by telephone on Saturday night—said he’s not only hoping to seek remedies for living vets who have been denied care but also for those who have committed suicide.

While it’s not known how many veterans have taken their lives due to the reduction in pain medication, the Department of Veteran Affairs noted last year that the overall veteran suicide rate is twice the normal rate.

In June, Rose filed an SF 95-form with the office of Inspector General. Rose’s previous suit was dismissed because he hadn’t gone through the correct due process, which includes filing an SF-95 form. The Inspector General’s office has six months to decide how to react to Rose’s claim that the opioid guidelines violate the 5th Amendment rights of veterans.

He expects in December they will either deny his claim—which means he’ll be able to sue—or will ignore it which will start another six months before legal action can be taken.

Rose said, “This has to be a class action suit so that every veteran who has been denied care can get relief. It’s not about me, it’s about us.”

Rose, who is caring for his ailing wife, has drawn the attention of U.S. Senator Marcia Blackburn. She wants nothing to do with him and sent him a registered letter this summer that said she would neither meet with him nor speak with him on the phone.

Rose hasn’t been able to identify an attorney to handle the class action suit he wants to file.

We’ve been following his battle with the V.A. and the federal government since 2017. Here’s one of our early stories with Rose.

Rose, over our suggestion not to, asked that we publish his phone number if an attorney wants to reach him. Rose can be reached on Twitter @RobertDRoseJr1 and his phone number is 423-794-8241.

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Authored by: Ed Coghlan

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Wanita Umer

Why not try the simplest way forward by filing a civil rights complaint? If it gets to a settlement then a law firm may decide to represent others.

I filed a human rights complaint here in Canada and hope for the best. I imagine that the organizations I filed against will use the same arguments as they have done before such as “there is nothing in the guidelines that prevent clinicians from treating pain using opioids.” etc., but we are ready for that argument. It doesn’t take a penny to get to a hearing. Filing fees will be required if I do not agree with the outcome but they shouldn’t be more than a couple of hundred dollars.

By going this route there is no confusing motions to file and the cost is minimal. .

With so many people in agony, keeping it simple might be the quickest way to alleviate suffering. Although I did not ask for monetary compensation in the complaint I filed, others can. Instead I asked for a rewrite of guidelines and associated remediation.

I have been trying to find a lawyer to file a class action lawsuit for ALL chronic pain patients without any luck. I have thousands of people that want to join me in this effort. Please let me know if he is successful in finding a lawyer to take the case, as we could piggy back on his suit and add even more people that have been damaged by the CDC guidelines.

Edward Grigsby

Disabled Army Sapper
I’ve been on hydrocodones 10/325 4x per day for the last 10 years just to be able to walk on my own. All of a sudden the VA takes away all hydros stopping me cold turkey. Being responsible I didn’t have any withdrawals except I felt all the pain once again ending in me being on a cane, walker, and sometimes even a wheelchair to get around. Now I have very little to live for, the pain is sometimes unbearable and I have to depend on others to take me somewhere help dressing me showering me. Quality of life is gone.

Kristen

I wanted to add even for those of us who aren’t Veteran’s we all need to look into a class action lawsuit.I know several Attorney’s that are Family Friends and will show them this Report.I don’t feel this situation is going to change anytime soon as far as getting our meds back to what they use to be or getting them at all.My PCP just a few weeks ago said next Month she needs to cut my meds once again. I will add I had success with one of the Lawyers in past who made the call to CVS which I no longer deal with but that’s another story but will add he was able to get them to fill my script.

Kristen

First and foremost I want to Say Thank you to Mr Rose for serving our Country,because of you and many others who sacrificed so much even their own life so we could be here.I remember reading many articles Mr Rose wrote to the NPR.Those who read them surely could never forget.I am CPP as well and know how we are treated,ignored,etc.I am very ashamed that our Veteran’s can not get the help they need and rightly deserve.It sickens me.We have lost some Brave Men And Women who just couldn’t live with the pain emotional Stress and so much more.Shame on you Senator Marcia Blackburn.People like you are heartless and cruel and make me sick.You certainly would not have my Vote if I lived in your State.I hope some Attorney has so compassion and steps up to the plate and represent Mr Rose and all other Veteran’s with a class action Lawsuit.I am not disregarding all those suffering from CP as I suffer myself but I stand firm that our Veteran’s or Heros need to get what they deserve.No more denial of Med no more suicides,as one was to many and the list goes on.Good Luck Mr Rose! Myself and many others stand here with you during your Journey that you have been on.Sending Blessings and Prayers to you and you Dear Wife.

Maureen M.

Ditto to what Kristy and others (below) posted!!
Robert, I have followed you from the beginning, always supported you and keep you in my prayers. In this whole nation…this must be some attorney out there willing to start this case?!! Please God, bring one forward fast. Keep strong Marine/CP warrior!! Something’s got to change for you! Thank you for your service and for your continued fight for Vets and our community. I also hope your wife gets well. Maureen M.

Audrey

I waited 9 months to been seen by the pain clinic at the VA. Without placing a hand on me the doctor diagnosed me with fibromyalgia. I’ve been in pain at various levels since my care was transitioned from Active Duty to the VA. On Active Duty I was provided with pain medication that I used sparingly, responsibly, and only when needed. It allowed me to work 12 or 14 hours days in uniform. I knew there was something other than fibromyalgia going on with me. While researching pain and options for relief I came across information about hypermobile Elhers Danlos. I did a self assessment, scanned it, and sent it to my PCM. I ask her if this could possibly be the reason for the pain. She emailed back and informed me I had fibromyalgia but she would send me to a Rheumatologist to confirm. That was in in January, in May I was seen by a Rheumatologist and was diagnosed with hypermobile EDS. You would think after 38 years in the military (16 Active Duty and 22 Reserve) the judgement, shame, and humiliation the VA heaped on me for being in pain wouldn’t bother me. But, I was prepared for it in the Army, especially as a female. But, when it’s coming from the people who are supposed to care for you it’s especially cruel. I wonder how many of the 22 Veterans who decide to end their lives every day in this country just can’t deal with the pain any longer.

Surely this man, all veterans, deserve every right promised them in our now “negotiable” Constitution. Yes, we are all being psychologically if not physically tortured. Worrying about our legally prescribed medication being taken away to trying to have some sort of normal life while coping with unimaginable pain.

We know WHY attorneys won’t take our case….a) suing the federal government is next to impossible, b) it’s NOT PROFITABLE for attorneys trying to cash in on our suffering. Attorneys are not our saviours…. unless they can benefit. I pray every day that our true Saviour’s word will guide someone with the ability and commitment to fix this travesty.

I agree with you Thomas Kidd. The abuse by physicians and the government perpetrating the ongoing torture of individuals that are disabled and the Senators that say that they are Christians are nothing more than Antichrist in disguise. When the Lord does come I wonder how he would judge the Physicians and I know how he would judge those in power.

Robert Dean Rose Jr.

Dear Americans,

The same as my lawsuit against the government Rose v. Roe et al. Case #2:17-cv-204 (Appeal Rose v. Roe et al. Case #18-5970: 6th Circuit Court of Appeals, OH), this case will help all Chronic Pain Patients, all Americans and more importantly, our children and grandchildren.

The reason the 8th Amendment is not being addressed is because Eastern District of Tennessee Judge Travis McDonough ruled that it was not applicable since I was not a convicted felon incarcerated in a state of federal facility. Judge McDonough also ignored upholding of International Treaties recognizing under treated or untreated pain is “cruel and inhumane” in denying my request for an Injunction on July 17, 2018.

“Universal Declaration of Human Rights with the International Covenant on Economic, Social and Cultural Rights, Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 entry into force 3 January 1976, in accordance with article 27.1 And specifically…

xxiv. Report of the International Narcotics Control Board on the Availability of Internationally Controlled Drugs: Ensuring Adequate Access for Medical and Scientific Purposes (E/INCB/2010/1), January 2011, p. iii.

xxv. International Covenant on Economic, Social and Cultural Rights
xxvi. General Comment No.14. The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights). May 11, 2000, ¶42.”

I believe we also need to avoid the Sixth Circuit Court of Appeals, Ohio, as the judges there ruled: “neither scientific data nor empirical data is required for the formulation of healthcare policies.” They also ignored the fact that the VA Mission Act, 2018, once again establishes segregation within our nation in violation of the Civil Rights Act, 1964.

The 5th Amendment is applicable since the Department of Veteran Affairs is a federal facility. In Roe v. Wade Roe v. Wade, 410 U.S. 11

Mr. Rose thank you from the bottom of my heart for providing protection & service to our country. I’m greatly saddened that our country will not provide protection & service for your life. I think we all should start a lawyer fund even if you can only give a couple of dollars to help support Mr. Rose to get an attorney. But I have my doubts that it will work bc if the slacker family who is one of the richest families is being sued by all 50 state how does chronic pain people have a chance. I have also contacted Marsha Blackburn’s website & all I received in return is just her post of meeting business people, just looks like a movie star taking a bunch of snapshots. Her term ends in 2025. If we had a way to look all these Senators Financial Investments, I bet they’re all invested in the pot Farms. I’m sure that’s why they won’t help us even though that the DEA it’s not a changing the schedule 1 marijuana. Alot of Senators keep stating that it’s a great replacement for opiates cuz you can’t overdose. Why do they keep chanting that? I have talked to people in California who have chronic pain & have access medical pot card they say it does not help w/ pain just anxiety. Nothing more than a muscle relaxer. The U.S has so many devices to spy on Americans & cameras everywhere we are becoming a very communist country. Everything we do is tracked but yet they can’t keep illegal drugs out. So they torture the people in chronic pain by not letting them have medication that will help their suffering. What’s next? It’s what we don’t see. Starting w/ Obama changing the Healthcare System, Millions lost health insur. Now lose pain treatment if U have health insur. now they want us to lose r insurance comp & go all to gov insurance, look how gov butted in. it will get much worse if gov have total control. Biden says we won’t miss our health insurance companies, just like Obama said we could keep our doctors. Creed Rep/Dems !

Kristy

I wish I was an Attorney. I ‘m a nurse ,Washington State. I’ m Calling out from the depth of mysoul for an attorney that will take on this Case.I support you 100%. I Thank You ,for Serving Our country and it sickens me every day that you are suffering unnecessarily. We need Attorneys to file class action Lawsuits, not only those in the VA system But for all of the chronic pain patients that are being done wrong. Thousands are calling out, Attorneys Where Are You ?

Winn Robin Waters

I want to start a class action suit also. For non veterans. My sister is on the edge of wanting to die also

Thomas Kidd

It’s an attempt in futility. This nation is run by lawyers and insurance companies. The will not stand up for us, the sick and dying. The rulers of darkness in high places is behind this most evil and wicked attack on chronic pain sufferers. Many have had no other alternative but to what they would never have been. Go to the streets for pain relief. Any country that treats it’s veterans and the sick and dying as ww have been treated is sold out to the Anti-christ, plain and simple. When a Senator turns away one of our national heroes pleading for pain relief we are soon to fall as a nation of liberties and freedom. These evil bastards are trodding under foot God’s Holy Word, the Declaration and Constitution. Most of chronic pain sufferers are Disabled Americans and should be protected under the rights afforded them in the act made law. Our agreement with our doctors has been annulled and we never know when we will have
needed medications taken away. Several million patients have already had their meds taken away. Yet about all that has been done is talk and comment. I for one am about fed up with the BS. If my wife and I were able we would consider actually moving to Mexico in order to receive addicate pain relief. My wife has just started her Medicare with part D but cannot get treatment for her chronic pain. Her insurance is basically useless. We after 14 going on 15 years must share what little medication I receive each month and live in fear of loosing even this. The Hospital ER is not a good choice if you are actually in terrible pain and need compassion and care. I daily hate this world more and more. “LORD JESUS COME SOON.

Alan dean Thurman

count me in!!! several studies have shown that opioids mixed with anti depressants actually made tge opiods loss potency, this major problem left thousands who were just hiram patients saying this medication isn’t working, they were labeled drug seekers and never got any pain meds. the government is ruining lives daily. i can’t believe it’s been three years. i now have more health problems from no meds.

David Trout

Contact Sen. Marsha Blackburn through http://www.marshablackburn.com

Daniel Vahey

A out two years ago I went to the local VA hospital to get a partial refill until I could see my doctor later that month and the Dr. Zwho saw me stated he couldn’t prescribe any pain killers because he would get in trouble. Really a Dr. working at the VA is going to get in trouble for prescribing pain medications. This can only be as a result of either fear on the part of physicians working at the VA or orders from above that no medications were to be dispensed. Prior to this I had rceived emergency refills with no problem. In light of this One would assume the latter. So apparently the government is going to pu osh themselves? As far as retaining legal counsel, he is ot alone. I have contacted se er large law firms and have received o response from any of them. This entire so called crisis is nothing more than a o eyed grab y the federal and state governments to put as much. O hey in their pockets. The people that have died on account of opioids were either taking to much, mixing with other medication or alcohol or not using o er the cou ter medications. I dare them to pro de evidence of one opioid related death that the person was DUI g as prescribed. This is all steming from a use and criminal usage and those that are ot a using and require these medications are suffering and are forced to seek relief else where or committing suicide. What the government is doing is a clear violation of several constitutional rights and the lawyers are to afraid to go up against them. In the end the drug companies will pay out billions and it will go into the pockets of lawyers and politicians just as the settlements from big tobacco did.

Mr. Rose I thank you for the service you gave to our country. I’m just so sorry about the way you and many of our Veterans are and have been treated after the job you have done to keep us safe from the enemy. I am a firm believer that you should be the first to get the best of everything that you want and need. Pain is the last thing you need to worry about. I have pain, I have been hurt, I have problems, but when I hear about people being hurt by the government like you are, and having problems because of the government like you are, IT INFURIATES ME TO NO LONGER HAVE HOPE FOR THE GOVERNMENT. How dare they treat you as if you don’t make a difference between winning and losing a war!!!!

Beckie and David Mann

I would LOVE to be notified if he finds one.. Because the VA has not only CUT my husband’s meds down to less than 19% of what he was taking; they are now denying him any and all Pain Management Care… Along with other issues, including sending him to a Chiropractor, instead of giving him meds, who then broke a fusion in my husband’s cervical spine. It is time Vets ban together and go after the craptastic healthcare of the VA… I can be reached at sew.beckie@hotmail.com

Joseph Lane

I wish you all the best man! With any luck you will wake a few people up and force them to at least acknowledge the problem. Having their dirty laundry aired out in a public forum like a courthouse is not something the VA would look forward too. Let’s hope you force them to put it on their to-do list sooner rather than later. A large group of veterans will be a powerful voice, and if given the right audience they should collectively drown out all the noise made by the self righteous/lazy media. I am not a veteran so I cannot join you but I will be watching and cheering you on as you fight the good fight.

David Trout

Not only will I forward this article throughout my network, I’ll write to Sen. Marcia Blackburn as well and also post her email address. The cruel force tapering & denial of access to pain meds is indefensible & tantamount to torture. Doing this to veterans is even more inexcusable! I experienced involuntary tapering without justification, but pain management resumed my meds after threatening to sue. It did help that my brother in law is an attorney who wrote a letter advising of my intentions to retain him for the suit.

LEAH B

I wish you the best of luck Mr. Rose. If I was an attorney, I’d happily represent you for free. I think more CPP’s need to get together in class action suits to stop the abuse and discrimination that is being handed to us under the assumption that we don’t know how to take meds as prescribed, despite the majority of us following our prescribed dose for years. I pray you find the perfect attorney and shove it to everyone you can for this mistreatment. God bless you!

Pam

I am so proud of you Robert! I honestly don’t know how you do it, but am so grateful you continue to fight for all VETS AND CIVILIANS alike who have become collateral damage with the corrupt lawmakers manufactured opioid crisis. I am saddened that a law firm has yet to take on our case, but yet criminals in prison being DENIED pain relief lawyers are jumping on those cases, Sick really toral outrage! Keep up the fight Robert. I am honored to stand alongside you!!

Misti

I know of a marine vet who committed suicide not to long ago he was messed up after a bad motorcycle accident rumor was he couldn’t deal with pain
another family friend vet a;so both shotgun

J.D.

While I don’t know how far this type of lawsuit will go if it even gets off the ground, I applaud the effort Mr. Rose is making. I find it a disgrace that these men and women fight for whatever and wherever they are told and in turn end up with life changing injuries. Then they are basically sent home telling them how much they are appreciated by our politicians all the while they are left in pain, some mentally damaged and others are left to roam the street as homeless vets while the people in power continue to spew platitudes while not lifting a finger to actually help them.
We claim to be the best country and yet this is how we treat many of our greatest protectors.
It makes you wonder what our government is doing aside from pointing fingers at each other while spending the majority or their time trying to get reelected instead of actually doing the job they were chosen to do.

As a Marine veteran myself , I totally agree. It is pure hell having to suffer every day in pain. The VA is like well lets try this or we can do this or that. It is like we are now Guinea pigs for their amusement. Hell one of the alternatives made me suicidal,and thats on top of being depressed and in pain. My honor as a Marine is the only thing that has kept me from eating a 45.

God Bless Mr. Rose and his mission. I pray a lawyer comes to his aid very soon and I wish him great success. Senator Marcia Blackburn should be ashamed of herself! I am appalled that she refuses to speak to this man, this proud veteran. I always thought Senator Blackburn was one of the “good guys” – but any Senator refusing to at least listen to a veteran is reprehensible. Without veterans, we would have no country, and Ms. Blackburn would have no job. As a chronic pain patient I hear Mr. Rose perfectly. As a nurse practitioner of 40 years, I understand him perfectly. As he went from respected veteran to “opioid addict” seemingly overnight following the 2016 CDC opioid guidelines, I felt the same thing when my physician of 35 years retired and his replacement lowered my already low dose of opioids without my knowledge. I went from respected professional to “opioid addict” literally overnight. But I cannot compare my plight to that of Mr. Rose and his fellow suffering veterans. I am ashamed for nurses, doctors, hospitals and government agencies everywhere who are denying these men care. It is below contemptible. And with our veterans committing suicide over pain – something we have excellent tools to treat – it is unconscionable. There are so many injuries from war that we have no tools to treat, especially the mental health injuries – why deny care for the one thing we CAN help alleviate – pain – which in effect multiples the psychological pain as well? Our government agencies have done stupid, very stupid, things in the past, but keeping Americans in otherwise relievable pain is not only stupid, it is sinful, and so, so far beneath every value we hold as a nation.
Again, Mr. Rose, Good Luck, God Bless and Godspeed. I and many others support you wholeheartedly.

Mona L Mallory

Shame on Rep. Blackburn! It’s really disturbing how these politicians are so bent on not listening to chronic pain patients. If you look at the PERS (retirement) accounts of the Nevada politicians, you can see that they are invested in the companies that are making the new class of pain meds. I think this is a terrible conflict of interest and I’m surprised that it isn’t made part of the fight to get chronic pain patient issues heard. Best wishes to this Marine for success in this matter.

Michael Smith

Why should it be just veterans. I want to join suit as well. I’m a cancer patient that’s medication was reduced. And I can certainly understand I think of suicide as well.

Cindy

How horrid and best of luck to Mr. Rose.

QUESTION though — I’ve written before that I believe that taking away our meds violates the 8th Amendment ban on cruel and unusual punishment. I believe that taking away our meds constitutes illegal torture.

This column references the 5th Amendment, and I’m not sure how that applies.

I know that the 5th Amend involves due process which is an issue in Mr. Rose’s case, but the article says that he asserts that the opioid guidelines violate the 5th Amend; and I dont’ understand that.

So, just wondering if it’s a typo or if I simply don’t have the required knowledge.

Janice Miles

Dear Mr Rose,

I sincerely hope you can find a law firm to handle your class action suite. I’m appalled that your senator won’t speak to you. It’s her JOB to speak to you and represent you just like she does for every member of her state. No where does it say they are to represent only the people they agree with or approve of. This whole “opioid epidemic” is nonsense and is being used to keep people from realizing what a pickle we’re in in other areas. It’s a sleight of hand trick that is hurting innumerable people. Again, my best wishes and thoughts are with you.

Sincerely,

Janice Miles
San Antonio Texas

Roy Starling

I am with you 100%. I also had this happen to me the only thing that stopped me from suicide was that I had So security disability therefore had Medicare and seek a pain doctor outside the VA.

Robert Dean Rose Jr.

Ed, thanks! One minor error. If the VA hasn’t acted by December 2019, we can file the lawsuit then. So WHEN we find an attorney, we can file as early as January 2020.

REMEMBER this is for all veterans or the families of those we have lost to these asinine policies. Semper Fidelis

#SilenedNoMore

Patricia Bradley

All people being denied opiates even though they have proved they are not abusing them..need them for relief of documented medical problems ..have been using them successfully for years need to start doing something . If we do not fight for our rights we are going to loose them forever.
The CDC, FDA and all the others know that opiates are needed and are just making people live in agony for political reasons.
This is tourture which is illegal. .
Its so wrong on so many human right issues I’m sure lawyers can work forever.
I hope someone steps up and helps us

Ray Howard

I think Mr Rose is right the va looks at me like I’m crazy After 10 surgeries I can barely get out off bed The private Pain Management Doc will retire soon and something got to give one way or another

Casey Thompson

While I’m a military spouse and usually reserved when it comes to saying negative things about military issues I will say this angers me! My grandfather was among the men who were on the beaches at Normandy. My dad was a career soldier and my son also served. My husband has been deployed over half of our marriage. I worked as an EMT and had to transport a retired veteran to the VA hospital about 60 miles away and cried when I saw the environment I had to leave him in! My father is blessed in that he receives tricare and Medicare due to his disability, so he gets to get care away from the VA. I am not a veteran but have chronic pain and my doctor of 6 years was targeted and arrested and has given up so I have to go out of state and can’t even find a primary care dr willing to see me due to me being in pain meds and I’m not doing well physically and wonder if I will die of starvation because I cannot keep anything down. The way we are being treated needs to stop! If I can help this man in any way I will do it because he shouldn’t suffer at the hands of a country he gave so much to!!

Robert Rose is fighting for all people who are suffering from this phony prescription opioid crisis not just for vets. He’s very serious about this issue.

I have spoken with him & he’s my hero. But he needs our help with putting pressure on those that can help. Look him up on twitter.

If Blackburn absolutely snubs a Marine vet about the millions who are suffering, I say we snub her just as much. She has no place in politics. She’s shown that she only listens to & works for some of the people. Definitely doesn’t care about the constituents in pain. She needs to go!!

Janna Crickmore

Brave man and I hope he will find someone to take this case. Wonder why the government can’t see the correlation in vet suicides and reduction in pain meds. Seems like a no brainer. But then who ever said government bureaucrats were all that intelligent

JO

the problem with this is he is only fighting for Veterans … what about ALL chronic pain patients?.. he feels it will help them all . . which is incorrect

Kris Aaron

I wish this man all the good fortune possible. The government has made it nearly impossible to sue them — it’s a long, complicated and arduous process requiring the government’s permission and almost always ends with a “no”.
But “no” means little to a crusading attorney determined to make a name for her/himself. C’mon, you lawyers — thousands of pain patients are watching with great interest. There must be someone willing to tilt at this particular windmill…