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July 07, 2005

Judge returns medical records to Rush

NewsMax is reporting that Florida Circuit Judge Thomas Barkdull has returned most of Rush Limbaugh's medical records to his attorney, Roy Black. State prosecutors had been wanting to go through the records to find evidence of “doctor shopping” but Rush's attorney's had been arguing that the law does not allow prosecutors to go on fishing expeditions through people's private records. Apparently the judge agreed. Rush's lawyer released the following statement.

I am confident that the State Attorney will find nothing in these records to support a charge of doctor shopping, because there was no doctor shopping. The records show that Mr. Limbaugh received legitimate medical treatment for legitimate medical reasons.

We are grateful to Judge Barkdull for providing the review of the records for relevancy that we requested. Most of the records were returned to me today, and were not given to the prosecutors. This proves our point that the State's wholesale seizure of Mr. Limbaugh's medical records was improper.

The prescription records that are in the search warrant affidavits should be put in perspective. Of the 2,130 pills prescribed, only 1,863 were painkillers, and of those only 1,733 were for hydrocodone. These were to be taken over a period of 217 days, from the date of the first prescription until 30 days from the date of the last prescription. The dose averages out to a little over eight pills a day, which is not excessive and is in fact a lawful dose.

Ninety-two percent of the pain medication was prescribed by two doctors who were treating Mr. Limbaugh for back pain. They work in the same office from the same medical file, and there could be no doctor shopping between them. One of these doctors also prescribed 117 pills of a drug used to treat high blood pressure or to help wean patients off of painkillers.

The other two doctors are the California surgeon who implanted the cochlear implant to restore Mr. Limbaugh's hearing and a Florida doctor he was seeing for follow up on the surgery. Of the 180 pills prescribed by the surgeon, 100 were vitamin pills. Of the 110 pills prescribed by the fourth doctor, 50 were non-painkillers prescribed for tinnitus, ringing in the ears.

The bottom line is that these prescription records might tell a story, but it is not a story of doctor shopping. We continue to believe that Mr. Limbaugh is being pursued by overzealous prosecutors and that he should not be charged with any crime.

We also continue to believe that the search warrants were issued based on faulty and misleading statements from investigators and that the search was improper under both state and federal law. If necessary, we will renew our motion to suppress all of the records at a later date.

Of course it's Rush Limbaugh so normal concepts of privacy, fair-play, equity and justice are tossed out the window while Liberals try to find some way of crucifying him. Think about it -- would any other radio personality, even local, that went completely deaf, then continued to work successfully on the radio have gotten so little attention for it? Had it been anyone else it would have been a top story for months. Even though Rush now has cochlear implants, he still continued his show fro quite some time between the time he became completely deaf, and the time he got the implants. Yet the MSM almost completely ignored the story, unless it was as some offhanded blip, used as an excuse to toss a barb at Rush.

Liberals fight dirty.

Posted by Danny Carlton at July 7, 2005 07:52 AM

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