Idiotic Statement

09/07/20

Kaiser Mail Order Pharmacy
9521 Dalen St
Downey, CA 90242
Attn: Alexis Morgan, Mail Order Pharmacy MGR
866-523-6059

Full text PDF File available here

For your convenience this document (including all attachments) is published on the Internet at:
http://www.mkgappraisal.com/letter2020_04.htm

Delivered by US Mail 8/28/20 11:58 AM

This letter is formal notice of breach of contract, and my demand for your immediate action to rectify the breach. My demand is based on the following:

Idiotic Statement by Max Bastow, MD

You continue to have issues on your lab work related to testosterone.

The testosterone level has come down some thankfully, but is still above what is considered a good target level on treatment. In the cases when we do have people on testosterone we aim for levels of 500-600. Yours is in the 900s.

But more importantly your blood counts have risen significantly. This can be extremely dangerous to your health, even fatal. And based on this I strongly recommend immediately stopping any testosterone treatments.

This means returning to your testosterone provider and seeing if the pellets can be removed.

These high blood counts can cause blood clots, heart attack, and stroke.

If you are having symptoms of headaches, fatigue, feeling sluggish or foggy you need to let us know right away because that can be a sign of the high blood counts causing an issue.

Max C Bastow, MD

Fact 2

From:Max C Bastow, MD Sent:4/16/2020 11:04 AM MDT To:Philip G Rice Subject:RE: Follow Up Question The number one thing is to stop using testosterone. There are mentions in your records that you may have had more testosterone treatments done, if true I'm a little bit flabbergasted that this treatment was continued. Especially after all we talked about the side effect on your blood that you are clearing having. The only other thing I can think of is Blood donation. Max C Bastow, MD From:Philip G Rice Sent:4/15/2020 4:49 PM MDT To:Max C Bastow, MD Subject:Follow Up Question The last sentence of item #2 below is a question I asked you on 11/1/19. Is there anything else you can suggest that might lower the 'high blood counts'? I made a good faith effort (on 3 or 4 occasions) to look for your answer, and I cannot find where you have ever responded to this question. If there is a response and I just missed it, please direct me to it, and accept my apology. If not, will you please say something, so that I will know to quit looking for an answer. Thank you !! Under the subject 'labs' 10/25/1922, in reference to blood drawn on 10/22/19, you stated: You continue to have issues on your lab work related to testosterone. The testosterone level has come down some thankfully, but is still above what is considered a good target level on treatment. In the cases when we do have people on testosterone we aim for levels of 500-600. Yours is in the 900s.

The List

Phentermine, any kind of diet pill
Opioid, any kind of pain pill
Testosterone
Aanabolic Steroid
Marijuana
Beer, any kind of alcoholic beverage

Monday 7/27/20, 9:51 AM
Chat with a Pharmacist #2
Christinne Schooler (presumably an authorized Kaiser representative) offers to ship me 90 phentermine tablets and charge me $14.55

Christine Schooler
Colorado Pharmacy License PHA0014989

Fact 4

Rod Serling - The Twilight Zone. Beauty is in the eye of the beholder.

Magic is in the eye of the beholder.
Albert Einstein was famous for this "thought experiments". Follow along with me on this "thought experiment" to demonstrate how magic is in the eye of the beholder.

I have prepared the kitchen by removing (as much as possible) distractions. The TV is turned off. Nothing is cooking, there is no noticable smell. The room temperature is comfortable. As we enter the room, I have you sit at the table. While you are sitting down, I open the refrigerator and smoothly grab (with my right hand) a 12 ounce can of beer. I carry the can from the refrigerator and place it on the table directly in front of you.

When I place the can on the table, I want it to look like a casual jesture. It is not. I have practiced this. Many times. I need there to be a noise when I put the can on the table. I practiced until I was able to produce the exact noise I wanted. Just loud enough so that it is impossible for you to not hear it. The label must not be directly facing you. And the whole thing has to look nonchalant.

My Response to the Idiotic Statement

sorry it has taken so long to respond. I have been busy, but I feel obligated to respond as best I can without further delay.

1) Removing the testosterone pellets is not an option.

2) High Blood Counts: As far as symptoms are concerned - 'headaches, fatigue, feeling sluggish or foggy' - I think mostly not, but hard to say 100% not. Is there anything else you can suggest that might lower the 'high blood counts'?

Fact 6

Sometime in the very early morning hours of Wednesday, 7/29/20, Kaiser shipped a quantity of 30 tablets, and made an unauthorized charge to my credit card in the amount of $8.18.
RX 3078 0141 7186, dated 7/28/20.
Authored by: JEANNE VOGEL NP. Claim RX 4004081169.
The container says "1 refills by 1/21/2021", which sounds wrong to me.

Fact 7

Between Monday, 7/27/20, 9:54 AM (the contract) and the early morning hours of Wednesday, 7/29/20, (the shipment), there was no communication. Kaiser made changes to the price charged and the quantity shipped without my consent. I had no way of knowing.

Fact 8

From the order (Thursday 7/23/20 at 6:30 AM) to shipment (Wednesday 7/29/20) took 6 days. This would take 30 minutes at a retail pharmacy.

Put the Appendix Back In?

The Idiotic Statement:
This means returning to your testosterone provider and seeing if the pellets can be removed.

This statement shows a stunning lack of understanding. It is the equivalent of asking someone to see if they can have their appendix put back in. And if you think I am exaggerating, just ask anyone who knows anything at all about testosterone pellets. Max Bastow is in no way qualified to be dispensing advice on testosterone pellets.

Wednesday, 7/29/20, 9:07 AM (post shipment)
Huong Le, PharmD:

"I want to point out that this is a controlled medication, and Mail Order can only process 30 tablets and have that shipped to you because they are located in California and per California state law, they can only process and ship 30 tablets of a controlled medication at a time."

The Law: According to Philip G Rice:

I agree that phentermine is a "controlled substance".

California State law is silent on the quantity that may be initially dispensed for prescriptions (controlled substances and non-controlled).

To say it another way:
There is no law that prevents Kaiser Mail Order from dispensing 90 phentermine tablets to me.

Commentary

It's not complicated. One of us is right and one of us is wrong. If you want to prove me wrong, you know what to do. Provide me with a citation so that I can read the law. Show me the law. If you can.

We have a contract. Kaiser has the burden of proof.

If you are unable to show me the law, I demand that you immediately:

Ship 60 phentermine tablets to me.

At the time of our contract, I insisted on a shipment of 90 tablets. This is consistent with DOCTOR'S ORDERS. The quantity of 90 is consistent with similar prior phentermine prescriptions that have been sent to me by Kaiser Mail Order Pharmacy (3078 0102 8948). I am not asking you to do anything you haven't done before.

Upon shipment of the 60 tablets, Kaiser Mail Order Pharmacy is authorized to charge my credit card $6.37 ($14.55 minus $8.18) -- if you have the nerve. But ship the 60 tablets immediately as an act of good faith. You can do this. Anything less than your very best effort in this regard is just going to make you look even worse than you already do. The tablets should arrive at my mail box (or my front door) no later than Sunday 8/30/20, because on Monday morning, 8/31/20, 9:00 AM, I am going to be out of the medicine I need.

My position is that you screwed it up. You need to fix it. Unless, of course, you can show me the law.

Thank you for your cooperation.

Sincerely,

Philip G Rice
11268 E Linvale Dr
Aurora, CO 80014
720-282-3376
phil.rice@mkgappraisal.com

Health Record Number 427582802, DOB 4/25/53

-- End of Letter --

Navigate:

home / site map / disclaimer

Philip G Rice

resume, FoaF, OPML, RSS Feed , Business Card - scanned image, vCard file.