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Cooper v. Chevron Corp.3/5/2003
ed his recording of Percodan was a mistake.
From December 1998 through mid-March 1999, Dr. Peterson prescribed narcotics on several occasions. He did so in response to claimant's repeated calls to his office. He prescribed Anexsia, Percocet, and Lorcet. In seeking those drugs, claimant reported on one occasion that his "dog got ahold of" his drugs. (Id. at 4.) On another occasion he reported that he had to seek ER care and had three shots of morphine for pain control. (Id. at 6.) On yet another occasion, the claimant told Dr. Peterson's office that even though he was not out of his prescriptions his friends were going to town and he wanted them to pick up refills. (Id. at 9).
On March 9, 1999, Dr. Peterson declined to prescribe further narcotics until claimant had EMG testing or pain management. (Id. at 11.)
Meanwhile, claimant was securing narcotics from other sources, sometimes securing narcotics from two sources on a single day.
a On December 15, 1998, the same date that claimant obtained a prescription from Dr. Yates for 30 Anexsia (Ex. 38 at 4), claimant obtained a prescription for 30 Anexsia from Dr. Peterson. (Ex. 18 at 4.) Dr. Peterson's office was informed of the overlapping prescriptions and the doctor cancelled his prescription. (Id.)
b On January 5,1999, claimant obtained 40 Vicodan (Oxycodone) from Dr. Yates. (Ex. 38 at 4.) Three days later, on January 8, 1999, he obtained 30 Anexsia (Oxycodone) from Dr. Peterson. (Ex. 18 at 6.) On that same day -January 8, 1999 - he visited the ER and received an injection of Demoral, Vistaril, and Toradol along with a prescription for 15 Anexsia (Oxycodone.) (Ex. 28 at 2.)
c On January 10, 1999 - two days after his visit to the ER and obtaining 15 Anexsia from the ER doctor and 30 Anexsia from Dr. Peterson - claimant sought care from Dr. Del Ducca and received IV Morphine and a prescription for 30 Percocet (Oxycodone). (Ex. 5 at 3.) There is no indication that claimant informed any of the medical providers of the other provider's latest prescriptions, and it is difficult to believe that he did.
d On February 2, 1999, claimant obtained narcotic drugs from both Dr. Peterson and Dr. Yates. Dr. Peterson prescribed 40 Lorcet (Oxycodone) and Dr. Yates prescribed Darvocet ("Propoxyphene Napsylate", which is a mild narcotic). (Exs. 18 at 8, 38 at 4.)
Over the next few months, Dr. Yates continued to prescribe narcotics. (Ex. 38 at 5-9.)
On January 8, 1999, claimant told an ER physician that his back pain had been waxing and waning for several months but that the "pain seems to have begun spontaneously in July 1998." (Ex. 28 at 1.) The ER note further states that claimant "reports following this [1988 and 1990] surgery his back did well and he was essentially pain-free for 10 years only to begin having problems again last summer." (Id., emphasis added.)
Despite the claimant's need for significant narcotics in early January 1999, he missed an appointment with Dr. Peterson, an orthopedic surgeon, on January 19, 1999. (Ex. 18 at 7.) In his deposition the claimant testified that he must have had car trouble or there was adverse weather. (Cooper Dep. Vol. I at 70.) Dr. Peterson's record indicates that claimant was "unaware of appt [appointment] today." (Ex. 18 at 7.) When that medical note was brought to the claimant's attention at trial, he agreed that he must not have known of the appointment. I do not believe him and find that his failure to keep his appointment was inconsistent with his pain which would require the level of narcotic drugs he was obtaining.
When cross-examined at trial about obtaining simultaneous
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