Notes
Dentist 1

10/31/22

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

Copies to distribution list via snail mail and email

For your convenience this document (including all attachments) is published on the Internet at:
http://www.mkgappraisal.com/letter2020_01.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:

Fact 1

1) On 1/28/21, I went to Valley Modern Dentist for a "deep cleaning". My insurance company, Delta Dental, called it "Osseous Surgery". Google calls it "pocket reduction surgery".

It eliminates the bacteria populating the pockets. During the osseous surgery procedure, your gums are sliced open by an oral surgeon (periodontist) to remove bacteria and repair damaged bone. It is done with (under?) local anesthetic (novocaine). It takes about an hour. When done, they stitch you up, give you a prescription for (about) a 4 day supply of pain pills, and send you home to recover. After 2 days, things are back to 98% normal.

Fact 2

2) When I looked at the hard copy of the prescription, the first thing I noticed was that my name was spelled wrong. And I said so.

Fact 3

3) I'm pretty sure it was the Doctor's assistant who wrote my name on the scrip. But by the time I got the scrip in my hands, both the Doctor and his Assistant were long gone. At least, that was the impression I had. Maybe they were busy with another patient. In any event, I was ready to get going, and the young woman behind the counter advised me to do just that. I should not let the scrip slow me down, I should just go. So I did. I went directly to the pharmacy.

At the pharmacy:
The scrip included a pain medication. Tylenol plus codeine, 20 tablets. This is an opioid medication, which is a "controlled substance".

Fact 4

4) Pharmacist refused to tell me her name.
Melissa Beyarslan, PHA 0023294

Fact 5

5) I asked her to to count the pills in front of me, so that we would both agree on the count, before I left the store. She refused.

Fact 6

6) The lable has a defective warning - "opioid risk of overdose, or [ illegible ] " Overdose, or what? Defective Warning = My safety and well being was put at risk.

Fact 7

7) My address was blank on the hard copy scrip. Presumably the pharmacist (Melissa Doe) corrected the spelling of my name, and filled in my address. Nobody at the pharmacy said anything about this to me. Presumably Melissa Doe then made a digital copy of the scrip. And then she filed the hard copy.

Valley Modern Dentist
16900 E Quincy Ave, Unit B
Aurora, CO 80015
(303) 617-4488
Dr: Tommy Yun, Periodontist

Approx 10/27/22: Went to Valley Modern Dentist, requested/obtained a copy of the hard copy scrip from 1/28/21. I got the copy from Krystel Colon, Operations Manager. She told me my last appointment at Valley Modern was 7/16/21, and she had not started to work there at that time. She asked me (several times) to tell her why I was asking for a copy of the scrip. I declined to tell her. About 2 hours later, I got a call from the doctor, Tommy Yun, who pretty much demanded to know why I was asking for a copy of the scrip. I declined to tell him.

List of Prescriptions

01/28/21 Tylenol plus Codeine #3 Dr Tommy Yun, Valley Modern Dentist. This is the copy I got from Krystel Colon, Operations Manager, at the Valley Modern Dentist Office, approximately 10/26/22.

01/28/21 Tylenol plus Codeine #3 Dr Tommy Yun, Valley Modern Dentist. Same as above, except this is the copy from the King Soopers Pharmacy.

Label for the Tylenol plus Codeine #3 Example Auditor's Opinion

08/22/22 Norco 5/325mg 20 tab Dr Maria Lam, Lone Tree Dentist & Orthodontists

08/25/22 Tramadol (Ultram) 50mg 15 tab Dr Hoa TranSouthglenn Modern Dentist, 6951 E Belleview Ave, Denver, 80237

Notes Dentist 1 Deep Cleaning on 1/28/21
xxx
xxx
xxx
xxx

The Law

The Law: According to Huong Le, PharmD (presumably an authorized Kaiser representative)

Huong thi thanh Le, a/k/a Huong Le
Colorado Pharmacy License PHA0018486

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 --

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NotesDentist 1