In an apparent legal victory for top talk radio host Rush Limbaugh, Florida Circuit Judge Thomas Barkdull has returned most of his medical records to his attorney, Roy Black - thereby denying prosecutors "free rein" over Limbaugh's medical file.
Late Wednesday afternoon, Black issued the following statement:
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"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."
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