By Pat Anson, PNN Editor

The attorneys who filed lawsuits against three pharmacy chains for allegedly discriminating against pain patients are disavowing any connection with efforts to raise money for a proposed lawsuit against Dr. Andrew Kolodny, a prominent anti-opioid activist.

Dr. Arnold Feldman, a retired anesthesiologist, has a GoFundMe campaign underway to raise $100,000 for a class action lawsuit targeting Kolodny, the founder and Executive Director of Physicians for Responsible Prescribing (PROP). Feldman calls Kolodny an “anti-opioid zealot” who has harmed pain patients through his advocacy against opioid prescribing.

“To be clear, we have no involvement in or with any fundraising efforts by Dr. Feldman or others who may be associated with him or a possible lawsuit against Dr. Kolodny,” attorney Robert Redfearn, Jr. said in a statement to PNN. “Our focus and involvement is on and in the two national class action lawsuits that we filed in Rhode Island and California, through which we hope to bring some relief to pain patients.  Further, we have not received or accepted any funds from Dr. Feldman or others who may be associated with him.”

Feldman and his associate, Claudia Merandi, have claimed they were instrumental in filing the lawsuits against CVS, Walgreens and Costco on behalf of two pain patients. Merandi is one of the founders of the Don’t Punish Pain rally organization.

“BIG NEWS FOR PAIN COMMUNITY: We have filed class action lawsuit against CVS/WALGREENS for DENYING to fill opioid scripts. This will set a precedent as to why you DON'T PUNISH PAIN,” Merandi posted on Twitter when the lawsuits were filed in August.

“Dr. Feldman was successful in bringing a class action lawsuit against Walgreens and CVS to fruition and he will do the same for the Kolodny lawsuit,” Merandi posted to her followers on Facebook, sharing a link to the GoFundMe campaign.

“Fact: There's only a lawsuit filed against CVS and Walgreens because of Dr Feldman,” Merandi wrote in yet another tweet.

‘We Are Litigating This on Our Own’

But the lawyers who actually filed the lawsuits say Feldman and Merandi had nothing to do with their litigation, other than providing encouragement.

“In terms of their involvement, there is none. We are litigating this on our own,” said attorney Scott Hirsch. “We obviously don’t agree with Claudia’s stance that this is her lawsuit. It’s not. We’re representing the plaintiffs and the chronic pain community.”

Hirsch began working with Edith Fuog on her lawsuit against CVS in 2018, long before Merandi and Feldman were even aware of the case. He has been working without pay, which is usually the case in class action lawsuits. Attorneys are typically not paid until damages are awarded.

“We have nothing to do with any sort of fundraising that Claudia Merandi and Dr. Feldman are doing in terms of this lawsuit. There’s no fundraising that we’re doing or they’re doing for us or this Kolodny lawsuit. We have nothing to do with that. We’re not even interested in it, to be quite frank,” Hirsch said.

Hirsch, Redfearn and four other law firms are involved in the pharmacy lawsuits, which they hope will get class action status. If successful, the suits could potentially result in millions of dollars in damages being awarded to pain patients who were unable to get their opioid prescriptions filled.

“All these people came together and brought this lawsuit. It wasn’t just Dr. Feldman, he wasn’t the savior for us all. And that’s my issue. It’s not 100 percent truthful in her (Merandi’s) statement. There’s a lot missing,” Fuog told PNN. “I don’t know anything about what they’re doing with Dr. Kolodny. I don’t know who they are hiring. I don’t know where the funds are sitting until they hire a law firm. I don’t know the basis for the lawsuit that they want to file.”

So many misleading claims have been made that the six law firms representing Fuog and Susan Smith, who filed suit against Walgreens and Costco, have posted a disclaimer on their website disavowing any association with the GoFundMe campaign and Don’t Punish Pain.

“These groups on the internet, such as Don’t Punish Pain, have posted information about our lawsuits on their websites, Facebook, Instagram and other social media. This content is not affiliated with the lawsuits or our effort on behalf of chronic pain patients.

Please understand no organization except the affiliated lawyers and law firms handling these National Class Action Lawsuits are authorized to speak for us or make any financial or informational request on our behalf. In other words, please be advised that all other individuals or groups are NOT authorized to speak on behalf of us or the named plaintiffs in the lawsuits, NOT involved in the handling or prosecuting of the lawsuits, and NOT authorized to raise money to cover expenses associated with the lawsuits.”

Asked to clarify what role he played in the lawsuits, Feldman told PNN he “sounded the alarm” and alerted lawyers to what was happening to pain patients. He said his wife is among those who’ve had trouble getting their opioid prescriptions filled.

“I knew some lawyers and I said, ‘Guys, this is a problem. What do you think?’ And I harangued them and harassed them and called them and screamed at them,” Feldman explained.  “But I had nothing to do with it. I didn’t write the complaint. I didn’t file the complaint.

“I had nothing to do with this litigation. Nothing. Neither does Claudia. Other than the fact that we said we’re happy this has happened. That’s the extent of it.”

Merandi says she exchanged emails and participated in Zoom calls with the lawyers. And she continues to insist that Don’t Punish Pain was the driving force behind getting the CVS lawsuit filed in her home state of Rhode Island.

“This lawsuit was born out of the Don’t Punish Pain organization,” she claimed in a Facebook video feed, not mentioning that the lawsuit was filed in Rhode Island because CVS corporate headquarters is located there.

To date, nearly $12,000 has been donated to the GoFundMe campaign, with most of the money coming from hundreds of small donors, many of them pain patients.

Feldman says he and Merandi have had discussions with several lawyers, but so far no one has been willing to take the case against Kolodny.

“No, we haven’t found a lawyer yet,” he said. “But we’re going to find somebody. We’re talking about billions of dollars in litigation.”

“We want to raise a lot of money to pay these lawyers. Lawyers need to get paid and that’s why this GoFundMe is important,” Merandi said while promoting the fundraiser in a recent radio interview. “We need an investigation done and that costs money.”

Until a law firm is found, Feldman says the donated funds will remain untouched in a bank account. “I haven’t taken a dime. Nor will I ever. When we have enough money and find a law firm, that’s where the money will go,” he said.

Asked what would happen if no lawyer take the case, Feldman said the donated funds would be returned to donors. 

“It’ll be a pain in the ass, but of course. I’m not going to buy a BMW with it, I’ll tell you that much. I’m honest as the day is long. I would starve before I took that money,” Feldman said.