Health
‘Shocking cover-up’: DOJ lawyers committed fraud in vaccine injury case, CHD attorney alleges in motion

From LifeSiteNews
By Brenda Baletti, Ph.D., The Defender
“The evidence submitted in support of the motion clearly shows that attorneys from the Department of Justice concealed and misrepresented highly relevant information from the special masters in the Vaccine Injury Compensation Program and the judges in the courts”
Rolf Hazlehurst, a Children’s Health Defense (CHD) staff attorney and father of a son with autism, filed a motion in federal court on April 2 alleging lawyers representing the U.S. Department of Health and Human Services (HHS) fraudulently concealed evidence that vaccines can cause autism.
In a motion filed in the U.S. Court of Federal Claims, Hazlehurst alleged that U.S. Department of Justice (DOJ) lawyers who represented HHS in vaccine injury cases repeatedly defrauded the judicial system – from the National Vaccine Injury Compensation Program (NVICP) to the U.S. Supreme Court.
That fraud led to thousands of families of vaccine-injured children being denied the right to compensation and the right to have their cases heard, according to the motion.
“This motion makes very serious and well-substantiated allegations of a massive scheme of fraud on the courts,” said Kim Mack Rosenberg, CHD general counsel who also is of counsel to Hazlehurst in the federal case.
“The evidence submitted in support of the motion clearly shows that attorneys from the Department of Justice concealed and misrepresented highly relevant information from the special masters in the Vaccine Injury Compensation Program and the judges in the courts,” Mack Rosenberg told The Defender.
Hazlehurst’s son Yates regressed into autism after being vaccinated as an infant. In the early 2000s, his family and thousands of others filed cases seeking compensation for vaccine-induced autism through the NVICP.
The program consolidated all of the petitions into the Omnibus Autism Proceeding (OAP) and selected six representative “test cases” – of which Yates’ was the second – as the basis for determining the outcome of the remaining 5,400 cases.
Unbeknownst at the time to the petitioners and the NVICP special masters, the DOJ’s star expert medical witness, Dr. Andrew Zimmerman informed DOJ attorneys during the ongoing omnibus proceedings that he had reversed his original opinion and determined that vaccines can and do cause autism in some cases.
In what Hazlehurst alleges was “a shocking cover-up,” instead of allowing Zimmerman to share his revised opinion, the DOJ attorneys relieved Zimmerman of his duties as a witness.
However, they continued to use excerpts from his unamended written opinion to make their case that vaccines did not cause autism – misrepresenting his position and committing “fraud on the court.”
According to the motion, the DOJ’s first act of fraud snowballed into a scheme of deception with far-reaching implications in which DOJ attorneys repeatedly misrepresented Zimmerman’s opinion and concealed other evidence that emerged during the test case hearings in the OAP in subsequent cases before multiple courts.
“As a result, thousands of cases in the Omnibus Autism Proceeding were denied compensation and the impact beyond the OAP is enormous,” Mack Rosenberg said. “This fraud affected the Vaccine Injury Compensation Program – especially the Omnibus Autism Proceeding – the Court of Federal Claims, the Court of Appeals for the Federal Circuit and even the U.S. Supreme Court.”
Hazlehurst said he is “asking the court to give this motion the serious attention it deserves.” He added, “At a minimum, the court should allow discovery and hold a hearing on this motion.”
Overturning a ruling due to fraud on the court is an extraordinary remedy reserved for extraordinary cases but according to Hazlehurst, “This motion we filed shows that this indeed is an extraordinary case.”
The DOJ has until April 30 to respond to the motion.
CHD CEO Mary Holland told The Defender, “Vaccines most definitely do cause autism, and the government has been lying about this reality for decades.”
Holland added:
With others, I published a law review article in 2011 showing that the government absolutely knew that vaccines cause autism – and yet they have covered it up and lied about it since the inception of the Vaccine Injury Compensation Program.
How many hundreds of thousands of children and families would have been spared the heartaches and crushing financial burdens of autism had the government come clean?
‘Exceptionally difficult’ to obtain compensation through NVICP
In the late 1980s, a substantial number of lawsuits for vaccine injuries related to Wyeth’s (now Pfizer) DPT vaccine, combined with “grossly insufficient compensation” for victims of vaccine injury, threatened the vaccine program’s viability.
In response, Congress passed the National Childhood Vaccine Injury Act of 1986, which established the “vaccine court.” The law gave the pharmaceutical industry broad protection from liability and proposed to compensate vaccine-injured children through the new NVICP.
The NVICP originally was designed to be a “swift, flexible, and less adversarial alternative to the often costly and lengthy civil arena of traditional tort litigation.”
To receive compensation, parents file a claim with the program.
The Court of Federal Claims (which oversees the program) appoints “special masters” – typically lawyers who previously represented the U.S. government – to manage and decide the individual claims. Attorneys may represent the petitioners, and the DOJ represents HHS.
NVICP proceedings are more informal than a typical courtroom. Unlike regular court proceedings, petitioners in the “vaccine court” have no right to discovery.
If a petitioner files a claim for a vaccine covered under the program and listed on the Vaccine Injury Table – the list of known vaccine side effects associated with certain vaccines within set time frames – it is presumed that a vaccine caused the petitioner’s injury and the petitioner is eligible for compensation without proof of causation.
However, if a petitioner experiences an “off-table injury” – an injury not listed on the table or that didn’t happen in the recognized injury time frame – the petitioner must prove by “a preponderance of evidence” that the vaccine caused the injury. Evidence includes medical records and expert witness testimony.
Claims must be filed within three years of the first symptom or two years of death.
Petitioners must provide a medical theory of the cause, a sequence of cause and effect, and show a temporal relationship between vaccine and injury.
However, the NVICP does not specify the required volume and type of evidence, so meeting the “preponderance of evidence” standard is largely at the discretion of the special master.
Petitioners can appeal NVICP cases to the Court of Federal Claims, the Court of Appeals for the Federal Circuit and ultimately to the U.S. Supreme Court.
It is “exceptionally difficult” to obtain compensation within the NVICP, Hazlehurst told The Defender. The proceedings are often turned into drawn-out, contentious expert battles and the backlog of cases is substantial.
The Vaccine Act of 1986 is unjust for petitioners, Hazlehurst alleges. And that injustice reached its zenith with the OAP, when the DOJ perpetrated fraud right under the noses of the special masters, signaling the beginning of the fraud on the courts that continues to this day.
Hazlehurst told The Defender he hopes his motion will shed light on the damage inflicted by this law and that it will ultimately help end the autism epidemic.
“The Vaccine Act of 1986 is one of the fundamental causes of the autism epidemic,” Hazlehurst said. “Understanding why this is true, and how the United States Department of Justice perpetrated fraud upon the courts, including the Supreme Court of the United States, is the key to ending the autism epidemic.”
A short history of the autism omnibus proceedings
By 2002, to address a “massive influx” of petitions alleging vaccine-induced autism, the Office of Special Masters combined over 5,000 claims into the OAP to determine whether vaccines cause autism and if so, under what conditions.
Initially, the NVICP planned to investigate causation issues and apply those general findings to individual cases. However, the program changed its strategy and instead selected six “test cases” by which it would examine the evidence for injuries caused by the measles mumps rubella (MMR) vaccine, thimerosal-containing vaccines (TCV), or a combination of both.
Then it would apply the findings of the test cases to other similar cases.
In doing so, Hazlehurst alleges, the court conflated general causation evidence with specific causation evidence from a few cases, without allowing for rules of discovery or evidence that would apply in an actual court.
This, Hazlehurst said, “was a recipe for disaster” as each test case was then used to determine the outcome for the remaining 5,000 cases.
Three cases – Cedillo v. HHS, Hazlehurst v. HHS, and Poling v. HHS – are at the center of the alleged fraud by the DOJ.
Fraud #1: the Zimmerman testimony
Hearings for the first OAP test case, Cedillo v. HHS, began in 2007. Zimmerman had worked with the DOJ to prepare an expert report on behalf of HHS finding that Michelle Cedillo’s autism had likely not been caused by the MMR vaccine.
Zimmerman later wrote in a 2018 affidavit that he attended the Cedillo hearing and listened to the testimony of Dr. Marcel Kinsbourne, another world-renowned expert in pediatric neurology.
On that basis, Zimmerman stated, he decided to clarify his written expert opinion about Michelle Cedillo, concerned it would be taken out of context.
Zimmerman spoke with DOJ attorneys to clarify that his expert opinion in the Cedillo case “was not intended to be a blanket statement as to all children and all medical science,” according to the 2018 affidavit.
He specified that advances in science, medicine and his own clinical research had led him to believe there were exceptions in which vaccinations could cause autism.
He also referred the attorneys to a paper he published with colleagues in 2006, the Poling paper, describing the case of an unidentified child who suffered regressive autism following vaccine adverse reactions. The paper suggested a possible association between mitochondrial dysfunction, vaccinations and regressive autism.
After communicating this evidence to DOJ attorneys, the DOJ dismissed Zimmerman as a witness but continued to use his written opinion as general causation evidence.
The DOJ was also allowed to use that report, submitted in one test case, as general causation evidence in other test cases.
None of the petitioners in the test cases could cross-examine Zimmerman, because he was no longer a witness. This was only possible because the federal rules of evidence do not apply in NVICP proceedings.
Yates’ case, Hazlehurst v. HHS, was the second test case in the OAP. His treating neurologist, Dr. Jean-Ronel Corbier testified Yates’ autism was likely caused by a genetic predisposition combined with an environmental insult in the form of vaccinations administered when Yates was ill. (Yates was a patient of Zimmerman in 2002.)
Corbier’s theory of causation in Yates was similar to the theory developed by Zimmerman in the Poling paper and shared with DOJ attorneys.
Yet, despite knowing Zimmerman had concluded that in a subset of children like Yates, vaccines can cause autism, the DOJ “intentionally and fraudulently” misrepresented Zimmerman’s expert testimony in its closing statements in Yates’ case, Hazlehurst alleges.
DOJ attorneys selectively quoted Zimmerman’s expert report from the Cedillo case, telling the court that Zimmerman found there was “no sound evidence to support a causative relationship with exposure to both or either MMR and/or mercury,” when Zimmerman had explicitly told the DOJ that his opinion was the opposite, according to the affidavit.
Fraud #2: the Hannah Poling case
Three weeks after closing arguments in Yates’ case, the DOJ quietly conceded Hannah Poling’s case, which was on the verge of becoming the fourth test case.
Hannah regressed into autism over several months after being vaccinated against nine diseases at one doctor’s visit.
In 2003, Poling’s father, Jon, a physician and trained neurologist, and mother, Terry, an attorney and nurse, filed an autism petition against HHS under the NVICP for their daughter’s injuries.
Jon Poling was a co-author of the 2006 paper with Zimmerman that analyzed an unnamed child, later revealed as Hannah Poling, who had a mitochondrial disorder – a condition with which Yates was later diagnosed.
In 2007, just three weeks after the lead DOJ attorney misrepresented Zimmerman’s opinion during the hearing in Hazlehurst, the same DOJ attorney submitted a report to the special masters conceding that in the case of Poling v. HHS, Hannah’s “regressive encephalopathy with features of autism spectrum disorder” (i.e., regressive autism) was caused by a vaccine injury, based upon a preponderance of the evidence standard.
This was the same neurological diagnosis Zimmerman had made for Yates in 2002.
According to court documents, if HHS had not conceded Poling, Poling v. HHS would have been designated as a test case. However, because the DOJ conceded the case, it was taken out of the omnibus and the DOJ had the case records sealed – although they were later leaked to the press and published in the Huffington Post in 2008.
In March 2008, Hannah’s parents moved to make the proceedings transparent and available to the public, but the DOJ opposed the motion and the NVICP deferred a ruling on the motion for 60 days.
During those 60 days, the DOJ filed amendments to its report conceding the Poling case. It retroactively changed the basis for compensation to say that Hannah had a “table injury.”
This meant that instead of conceding that the petitioners had proven with a preponderance of evidence that the vaccines caused her autism, they said she had a presumptive injury on the vaccine table, in which causation is presumed.
By conceding the Poling case, opposing the parents’ motion for complete transparency and changing the basis for compensation, the DOJ was able to conceal fraud and critical material evidence of how vaccines cause autism, according to Hazlehurst.
Fraud #3: appellate courts and the U.S. Supreme Court
On Feb. 12, 2009, the special masters denied compensation in the first three cases. They found the petitioners failed to establish causation between MMR or TCV vaccines and autism.
In Hazlehurst’s case, the NVICP explicitly relied on the portion of Zimmerman’s expert report that DOJ attorneys misrepresented.
The Hazlehursts appealed to the Court of Federal Claims and the Court of Appeals for the Federal Circuit, both of which upheld the special master’s decision – by relying on Zimmerman’s misrepresented opinion and knowingly fraudulent statements made by a DOJ attorney, according to Hazlehurst.
Those prior decisions directly influenced the U.S. Supreme Court’s decision in the Bruesewitz v. Wyeth.
In that case, Wyeth, now Pfizer, argued that a decision favoring the Bruesewitz family – who was attempting to sue the company for their daughter’s vaccine injury – would lead to a “flood of frivolous lawsuits,” including by the families from the omnibus.
Amicus briefs from the American Academy of Pediatrics, GlaxoSmithKline, Merck and Sanofi Pasteur on behalf of Wyeth relied on Hazlehurst v. HHS and other OAP decisions that were based on the misrepresentation of Zimmerman’s testimony that there was “no scientific basis” that vaccines cause autism.
The Supreme Court ruled that the National Childhood Vaccine Injury Act, and the NVICP it created, preempt all design-defect claims against vaccine manufacturers by individuals seeking compensation for injury or death.
In oral arguments and in their written opinions, the justices explicitly cited the portions of the amicus briefs citing Hazlehurst v. HHS and other OAP rulings that relied on the DOJ misrepresentations in their rulings.
Since that ruling, the special masters have continued to rely on the DOJ’s fraudulent claims to deny compensation to families filing complaints in the NVICP.
Robert F. Kennedy Jr., CHD chairman on leave, and Hazlehurst in September 2018 filed a complaint with the DOJ Office of Inspector General outlining what they then knew about the DOJ’s fraud during the OAP.
The DOJ Office of Professional Misconduct investigated and responded in a June 2019 letter that it found no wrongdoing.
In that letter, however, the Office of Professional Responsibility conceded the DOJ had in fact kept Zimmerman’s testimony while dismissing him as a witness in order to avoid creating the appearance that he had changed his opinion and to prevent the petitioners from cross-examining him, according to Hazlehurst.
The ‘fraud on the court’ doctrine
It has taken 17 years, Hazlehurst said, since the DOJ’s first alleged act of fraud upon the court, for him to gather all of the admissible evidence necessary to “connect the dots and reveal the DOJ’s web of deceit” to make this claim under the “fraud on the court” doctrine.
Under this doctrine, codified as Rule 60(d)(3) in the rules of the Court of Federal Claims, there is no time limit for the court to overturn a judgment made on the basis of fraud on the court.
The petitioner must demonstrate that there was fraud, intent to defraud and that the fraud affected more than one instance of litigation – putting the integrity of the judicial process at stake.
Hazlehurst alleges DOJ attorneys committed fraud by knowingly making false statements and offering evidence they knew to be false and that they did not take remedial action to disclose information they knew to be false and misleading to the court.
The special masters themselves have an obligation to consider all relevant evidence, but didn’t, in this case, Hazlehurst said. Instead, they ignored the contradictions in Zimmerman’s opinions and ignored the Poling evidence.
This is particularly problematic for NVICP cases, where petitioners can’t conduct meaningful discovery or cross-examination and the special masters’ oversight is the only meaningful safeguard to prevent the DOJ’s abuse of power, according to Hazlehurst.
“There is nothing fair about a government proceeding where the government controls the admissibility of evidence,” he said.
Hazlehurst said that by forcing people injured by vaccines into an administrative program, petitioners are deprived of the basic constitutional rights to due process and equal protection under the law. “It should be declared unconstitutional,” he said.
This article was originally published by The Defender — Children’s Health Defense’s News & Views Website under Creative Commons license CC BY-NC-ND 4.0. Please consider subscribing to The Defender or donating to Children’s Health Defense.
Health
Ethical Vaccine: Trump nominee Jay Bhattacharya says NIH will not use aborted babies in research

Jayanta Bhattacharya, U.S. President Donald Trump’s nominee to be Director of the National Institutes of Health, speaks at his confirmation hearing before the Senate Committee on Health, Education, Labor, and Pensions on Capitol Hill
From LifeSiteNews
By Matt Lamb
The use of aborted babies in research is one of the main reasons many Christians oppose the use of several vaccines
The National Institutes of Health will not use abortion fetal tissue in research, according to President Donald Trump’s nominee to lead the agency.
Dr. Jay Bhattacharya made the comments on Wednesday during his hearing in front of the Senate Health, Education, Labor, and Pensions Committee in response to a question from Republican Senator Josh Hawley of Missouri.
“In public health, we need to make sure the products of science are ethically acceptable to everybody,” Bhattacharya said during the hearing. “And so having alternatives that are not ethically conflicted with fetal cell lines is not just an ethical issue, but it’s a public health issue.”
Dr. Bhattacharya said it is important to have ethical testing guidelines, sharing his experience answering questions on Catholic radio about the mRNA COVID shots. The jabs are tainted by their development using a fetal cell line derived from an aborted baby, which has caused moral concerns for faithful Catholics and also Protestants.
“Looking forward to voting for him to be our next NIH director,” Sen. Hawley wrote on X (formerly Twitter).
Dr. Bhattacharya is a well-respected medical doctor who gained further fame as a COVID contrarian, rejecting the establishment narrative that widespread lockdowns of the economy and schools were needed to slow the spread of the virus.
As LifeSiteNews previously reported:
Bhattacharya was one of the earliest and most notable critics of the draconian COVID response by most governments around the world. In October 2020 he co-authored The Great Barrington Declaration, which criticized the harmful lockdown policies. Bhattacharya is a professor of medicine, economics, and health research policy at Stanford University in California and the director of Stanford’s Center for Demography and Economics of Health and Aging.
Bhattacharya is the latest high-ranking public health official to affirm the Trump administration will not allow for the use of aborted fetal tissue in federally funded research.
Secretary of Health and Human Services Robert F. Kennedy Jr. previously assured Sen. Hawley he would prohibit the practice when questioned prior to his confirmation.
“Will you reinstate President Trump’s policy that ensures that no federal research and no federal tax dollars is conducted on fetal tissue taken from elective abortions,” Hawley asked RFK Jr.
“Yes,” the nominee said, as previously reported by LifeSiteNews.
President Trump’s administration previously rejected 13 or 14 requests to use aborted fetal tissue, as LifeSiteNews reported in 2020.
Addictions
Fuelling addiction – The “safe supply” disaster

By Denise Denning
There is a growing schism in the Canadian addiction treatment community regarding safer supply.
[This article was originally published by the MacDonald Laurier Institute and has been syndicated with their permission]
As the death toll from the ongoing opioid poisoning crisis in Canada continues to rise, jurisdictions across the country struggle to find solutions. Safe consumption sites, where people can use drugs in a supervised setting that provides clean syringes and overdose kits, have opened across Canada. Addiction medicine clinics that provide treatments for drug use have proliferated nation-wide. Controversially, the Trudeau government has funded so-called “safer opioid supply” programs that provide powerful pharmaceutical opioids to people who use drugs with the presumption that they will use these in place of street drugs of unknown potency containing numerous and poorly understood toxic adulterants. But even though they lack those toxic adulterants, safer supply drugs are not safe. By virtue of the pharmacology inherent to all opioids, safer supply drugs may be increasing harm.
Unlike safe consumption sites, where people bring their own drugs and use them in a supervised environment, safer supply programs provide people who use opioids with up to 30 tablets per day of the powerful synthetic opioid hydromorphone to take away with them and use elsewhere without any supervision or proof that they are using the drugs themselves. “Safer supply services provide an alternative to the toxic illegal drug supply as a way to help prevent overdoses and can connect people to other health and social services,” touts Health Canada’s safer supply web page. Safer supply programs “build on existing approaches that provide medications to treat opioid use disorder” and these programs are “more flexible and do not necessarily focus on stopping drug use.”
Health Canada’s quietly optimistic tone is echoed and magnified by advocates and activists across the country, who insist that safer supply is “the most important intervention” to save the lives of people who use drugs and cite data suggesting that safer supply is a powerful harm reduction tool for helping people avoid the risks of exposure to sketchy street drugs. And the benefits of safer supply, proponents assert, go beyond saving people from overdose. Safer supply also protects people from the stigma associated with illicit drug use. “Overdose prevention measures that go beyond individual behaviour changes, including providing a safer supply of drugs and eliminating stigma, are paramount to mitigate harms,” asserts one review. “Increasing respectful treatment of people who use substances, and reducing stigma and trauma improves the health of communities,” a review of a drug checking service declares.
“Sociopolitical factors such as prohibition, stigma, and criminalization of people who use drugs have fuelled the current overdose crisis and toxic unregulated drug supply and limited the establishment and scale up of services for people who use drugs,” proclaims another paper promoting the benefits of safer supply.
Certainly, all of us working in addiction treatment agree that putting people in jail does not solve their drug use problems, and everyone should be able to access health care without concerns of being stigmatized. But suggesting that these factors have fuelled the current crisis is an assertion that not only lacks proof but also ignores the material reality of the pharmacology of these drugs and their impact on the human central nervous system.
There is a growing schism in the Canadian addiction treatment community regarding safer supply. Its opponents, who include prominent addiction medicine physicians across Canada, insist that none of the studies of safer supply consider the number of people in safer supply programs who sell or trade their safer supply drugs to buy fentanyl. They point out that the studies finding safer supply beneficial are too narrow in their scope because they only examine the benefits to the patients receiving the safer supply and do not consider diversion and its potential for harm by putting these drugs in the hands of people other than street drug users, such as youth, or people who have stopped using drugs.
In an article published by the Globe and Mail, addiction medicine physician and writer Dr. Vincent Lam wrote about how some of his patients are struggling with their addictions because the hydromorphone has become so cheap and readily available. “Patients of mine who were free of illicit opioids for years now struggle with hydromorphone, which they are buying from those to whom it is prescribed. One told me they prefer to sleep outside rather than in shelters, because they cannot avoid hydromorphone in the shelters. One who has never tried fentanyl – which hydromorphone is meant to protect them from – is injecting high doses of hydromorphone daily, struggling to get off, while their tolerance rapidly increases.”
Another critic of safer supply, Dr. Lori Regenstreif, has seen patients severely harmed when they crush and inject the tablets. “I’ve seen people become quadriplegic and paraplegic because the infection invaded their spinal cord and damaged their nervous system,” she said. And she called the studies in favour of safer supply “customer satisfaction surveys” that do not meet scientific standards of properly conducted research. For instance, a study that has been cited as powerful evidence for the effectiveness of safer supply did not control for patients using methadone or Suboxone, two well-established and effective treatments for opioid use disorder. At baseline, the control group and the study group were using these treatments at roughly the same rates. But the authors didn’t provide the number of participants using these treatments at the study’s end. So, the purported benefits of safer supply could have been from established treatments rather than safer supply.
A word about terminology: referring to these programs as “safer supply” is problematic because it implies that these programs are safe. Dr. Lori Regenstreif suggests the term “take home tablets” as a more neutral alternative that also describes exactly how these programs work. For the rest of this article, the term “take home tablets” or “prescribed opioids” will be used, only retaining “safer supply” in the previous paragraphs for the sake of clarity.
A review of 19 studies advocating for take home tablet programs found “no evidence demonstrating benefits.” For instance, only one of the studies recommended interventions that have been proven to address risk factors for addiction, even though all the studies found high rates of homelessness, unemployment, food insecurity, and other markers for poverty. And none of the studies investigated the implications of diversion, though there is increasing evidence that diversion is widespread. And a more recent review of these programs found that the “Safer Opioid Supply Policy” in British Columbia was associated with “a significant increase in opioid-related poisoning hospitalizations.”
The rhetoric is becoming increasingly heated and politicized. Supporters of take home tablet programs accuse its detractors of denying a potentially life-saving intervention to a vulnerable population of marginalized people. Critics, such as those discussed above, point to the paucity of good quality evidence and the plethora of potential harms from diversion. But what the discussion has been lacking is a consideration of how the pharmacology of these drugs should influence policies regarding the care provided to these marginalized and vulnerable people. Surely the way these drugs act in the human body should provide the underpinning for any evidence-based addiction management program.
Proponents of take home tablet programs will say, correctly, that opioids have been used for at least 3,000 years in the form of opium from Papaver somniferum, the poppy. Modern opioid pharmacology emerged out of the synthesis of morphine from opium in 1806. All opioids are derived from four compounds, including morphine, that are found in opium. Heroin is nothing more than morphine with a tweak to its molecule rendering it more fat soluble. Compared with water soluble substances, products that are fat soluble are better able to penetrate the blood brain barrier and enter the central nervous system. When heroin is injected, users experience a euphoric rush that they wouldn’t experience as intensely from injecting morphine, even though it’s almost the same drug as morphine, and within half an hour after injection, heroin is converted into morphine.
Stimulation of the opioid receptors by morphine and all its myriad opioid kin results in the classic effects of opioids such as pain relief, euphoria, sedation, respiratory depression, reduced heart rate, and a slowing of the gastrointestinal tract resulting in constipation. As the dosage is increased, respiration slows further, and patients sometimes experience nausea and vomiting. Depending on the dose taken and the person’s tolerance, increasing sedation may progress to coma and respiratory arrest. Opioids kill people by sedating them so deeply they stop breathing.
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With chronic use, opioids cause adaptations in the body resulting in tolerance such that these habitual users require higher doses to achieve the same degree of euphoria. The flip side of tolerance is the withdrawal that happens when the person stops using and their autonomic nervous system goes into overdrive. The greater the tolerance, the worse the withdrawal, characterized by nausea and vomiting, diarrhea, muscle cramps, bone and joint aches, tremors, anxiety, goosebumps, sweating, restlessness. Opioid withdrawal isn’t generally fatal but may be if patients develop heart arrhythmias from electrolyte loss and autonomic overstimulation.
Tolerance and withdrawal are the evil twins of addiction. Addictive drugs have a rapid onset of action, produce a euphoriant effect, and have a short duration of action. The relative addictive potential of these drugs may be predicted by how much they adhere to these intersecting characteristics. For instance, morphine is less addictive than oxycodone, the active ingredient in OxyContin. Both morphine and oxycodone are rapid acting, produce euphoria, and have a short duration of action. Both may induce tolerance and withdrawal. But morphine gets metabolized to another substance that is more potent and sustains the opioid effect, and it accumulates if the person uses it every day. Morphine in effect has a longer duration of action compared with oxycodone, which has no active metabolites. A person who takes oxycodone will experience rapidly dropping blood levels as the drug is metabolized and excreted, leaving the user in withdrawal and craving more.
The manufacturers of the oxycodone product OxyContin infamously made a case for their product being less addictive because they formulated it into a long-acting dosage form that released the drug gradually over an 8-to-12-hour period. The story of OxyContin has been exhaustively covered elsewhere, and I won’t rehash it here. In brief: people quickly discovered that OxyContin’s sustained-release matrix could be easily defeated by chewing or crushing the tablets, thus releasing the drug all at once, and as knowledge of this hack spread, a growing public health crisis ensued, resulting in the destruction of communities, massive numbers of arrests as people seeking pain relief became criminalized by their addiction, and thousands of deaths across Canada and the United States.
The hydromorphone given to fentanyl users in safer supply programs is about five times stronger than morphine and four times stronger than oxycodone. It exerts its maximal effect in one to two hours and lasts for around three to four hours. In terms of relative addictiveness by virtue of its pharmacology, hydromorphone in theory would sit between heroin and fentanyl, though in a subset of a study called NAOMI, where people who use heroin were provided hydromorphone in place of heroin without their knowledge, none of the 25 participants could tell the difference.
Then there’s fentanyl. When injected, the onset of action for morphine and oxycodone is about 10 minutes. Injected fentanyl works almost immediately, and it is fat soluble, meaning that it can penetrate the blood-brain barrier and get into the brain with ease. The duration of action for morphine and oxycodone is similar, about 4 to 6 hours. Fentanyl’s duration of action is 30 to 60 minutes, maybe stretching to 2 hours if it’s injected intramuscularly rather than intravenously.
Fentanyl has a faster onset of action compared with other opioids, it produces a powerful euphoria by virtue of being about fifty times stronger than morphine, and its effects last about half as long at most. In other words, the public health disaster that has resulted from the widespread proliferation of fentanyl in the street drug supply could have been predicted from its pharmacology. Recall how people who use heroin could not distinguish it from hydromorphone. In contrast, fentanyl users prefer fentanyl because hydromorphone is not strong enough. There is increasing evidence, albeit anecdotal, that people who use fentanyl will sell their hydromorphone to other users reluctant to try the illicit drug supply. In turn, the pharmacology of these drugs predicts that those hydromorphone users may eventually transition to using fentanyl in search of a better high as their drug use continues and their opioid tolerance deepens.
Data published by Health Canada provides corroboration for this hypothesis. In 2016, fentanyl was implicated in 52 per cent of opioid toxicity deaths in Canada, while non-fentanyl opioids were present in 59 per cent of cases. By 2018, fentanyl and its analogues were present in 80 per cent of opioid toxicity deaths while non-fentanyl opioids had fallen to 46 per cent. As of 2024, fentanyl and its analogues were present in almost all opioid toxicity deaths while the prevalence of non-fentanyl opioids had fallen to 26 per cent.
If hydromorphone isn’t strong enough for fentanyl users, why not give them pharmaceutical fentanyl instead? But there are already stronger analogues of fentanyl, such as carfentanil, that are increasingly found when samples of illicit drugs are analyzed. A recent study discovered that 20 per cent of opioid-containing samples analyzed in Alberta in 2022 contained carfentanil. If drug dealers started losing customers to take home tablet programs (they currently are not), a potential arms race, where dealers increase the potency of their drugs to make them more attractive than legally available options, may result in an illicit drug supply of ever-increasing lethality. And what of the people who use these ultra-strong opioids? Obviously, more people will die. The potency of fentanyl means that people who use it find stopping using profoundly challenging. People working in addiction treatment struggle to help patients who are experiencing the worst withdrawal any of us have ever seen. If ultra-strong opioids dwarfing fentanyl in potency become predominant in the illicit drug supply, the people who survive using these drugs may be predicted to experience a withdrawal syndrome that approaches the limits of human misery.
And therein lies the harm of these drugs. Whether or not they are criminalized; whether people can freely access them, opioids are potent drugs with many significant side effects and long-term negative effects that worsen over time. People who use legitimately acquired opioids for therapeutic reasons struggle with chronic constipation, cognitive impairment, an increased risk of falls, paradoxical increased sensitivity to pain known as “opioid-induced hyperalgia,” and an ongoing risk of experiencing withdrawal if they are unable to access their medications. All drugs should be used in the context of balancing risks versus benefits, where the harms caused by side effects are balanced against the therapeutic benefits. Like pharmacologists David Juurlink and Matthew Herder said, “Put simply, high-dose opioids constitute a self-perpetuating therapy, with patients left vulnerable by the need for ongoing treatment to avoid withdrawal, itself a pernicious, drug-related harm.”
Comprehensive treatment aimed at recovery is the path forward
These problems are complex and multifaceted, involving intersecting domains of public health, law enforcement, and health care. My main objection to take home tablet programs, apart from the public health disaster to which these programs contribute, is the abandonment of the principle of eventual sobriety for people who use drugs. By giving people the drugs they want, we are giving up on the possibility of a better quality of life for a marginalized population of people, many of whom are self-medicating to deal with trauma that otherwise has been left unaddressed. Addiction is a chronic and long-standing condition marked by relapses. The main risk factors for addiction are mental illness and trauma. In particular, childhood abuse puts people at a magnified risk of having a substance use disorder as an adult. Women who engage in prostitution and use illicit drugs are more likely to have been sexually abused before the age of 15. These are traumatized people who are self-medicating to deal with psychological pain.
The key is to provide comprehensive treatment that aims at full recovery, but in a gradual way that makes use of gradated treatment pathways. This means that a prescribed supply of high potency opioids may be a useful tool for some people in their complex and long-standing journey to sobriety, if used as an adjunct to other treatments and supports. To minimize the risk of diversion, prescribers may use treatment agreements, documents that patients sign where they agree to take their medication as prescribed and not divert it, and submit urine drug screens if requested. But to offer take home tablets in the absence of evidence-based addiction treatment modalities and other psychosocial supports only serves to abandon people to ongoing severe intractable high potency opioid use.
What works for people caught in a web of seemingly intractable severe addiction? The two main treatment paradigms in addiction medicine have traditionally been abstinence-based programs such as the 12-step programs popularized by Alcoholics Anonymous, and harm reduction programs such as methadone maintenance treatment. Abstinence-based programs, as the name suggests, are defined by the all-or-nothing goal of total sobriety. These programs are attractive because of their “Kids, don’t do drugs” simplicity. But this simplicity is deceptive because addiction is complex, and these programs have been found not to work for most people. For instance, abstinence-based programs will frequently kick people out of treatment for using drugs, thus punishing them for the problems that motivated them to seek treatment in the first place. The focus on abstinence means that they minimize the reality that the journey to sobriety is punctuated by relapses. Current Canadian guidelines for the treatment of opioid use disorder warn against simple cessation of drug use without follow up because of the significant risk of overdose. When people stop using opioids, their tolerance wanes. If they relapse and use their former dose, they may suffer a fatal overdose.
The harm reduction treatment paradigm emerged out of the limitations of strict abstinence-based programs that eject patients who lapse, and that don’t offer gradated treatment pathways to gradually get patients to full recovery. Harm reduction accepts drug use with the overall goal, as the name suggests, of reducing the harms associated with using illicit drugs and retaining contact with those patients unwilling or unable to stop all drug use.
Harm reduction in the form of medication assisted treatments such as methadone, Suboxone and Sublocade has been the gold standard of opioid addiction treatment, effective in not only reducing illicit opioid use but also proven to reduce overdose risk, criminal behaviour, risky sexual behaviour, and the transmission of blood-borne infections propagated by needle sharing. Medication assisted treatments are also found improve people’s lives in the domains of social determinants of health, such as going back to school, finding employment, and regaining custody of children. And these programs have been proven to save lives, reducing mortality from overdose, suicide, alcohol, and even from causes one would not intuitively associate with drug use, such as cancer and cardiovascular disease. Medication assisted treatments are a resoundingly science-based harm reduction modality and should be the treatments of first choice offered to this vulnerable population.
But harm reduction is just one of the four pillars of addiction recovery. Harm reduction by itself saves lives, but it doesn’t help people move forwards towards sobriety. The other three pillars of addiction recovery are prevention, treatment, and enforcement. Prevention addresses the risk factors for addiction and involves treatment for mental illnesses and proper, more comprehensive pain management treatment plans that go beyond just prescribing painkillers. Enforcement means preventing these drugs or their precursors from entering Canada or prosecuting those who sell illicit drugs. And treatment for people who use drugs must involve not only just harm reduction, but also a comprehensive range of services such as housing supports, counselling and other psychosocial services, and employment support.
Take home tablet programs are based on two presumptions: firstly, that people receiving these drugs will use them in place of street drugs and not just sell them to buy street drugs, as they do; and secondly, that opioids are safe to take as long as the dose is not excessive. Given that these two presumptions are false, the only conclusion we can reach is that take home tablet programs do not reduce harm, but increase it. I concede that providing people with legally sourced opioids reduces their risk of criminal prosecution, and there is a reduction in stigma when you give people what they want without judgment, but this is a false dichotomy – you can achieve reductions in prosecution with better treatment, rather than supporting objectively harmful behaviour in the name of destigmatization. At the end of the day, stigma doesn’t kill people – bad drugs do, and providing people who use drugs with the wraparound supportive services that they need and have been shown to work is more complex, and probably more expensive. But complex problems are rarely solved by simple solutions.
Denise Denning is a correctional pharmacist with background in addiction treatment. After graduating from the University of Toronto Faculty of Pharmacy, Denning completed a specialized residency in the treatment of drug and alcohol use at the Addiction Research Foundation in Toronto (now CAMH). She worked as the pharmacist at the Toronto Jail for 17 years, and the pharmacy manager at the Toronto South Detention Centre for 8 years, where she provided clinical advice on the management of patients with opioid use disorder and supervised the preparation of methadone doses. She also worked part time for four years at a pharmacy providing mostly methadone in downtown Toronto. Currently, she is the provincial pharmacy manager for the Ontario Ministry of the Solicitor General, where she provides guidance on medication related policies and procedures for that province’s correctional facilities.
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