Pain (39 page)

75
. Tracey McCarley, “Psychological Aspects of Pain in Patients with Terminal Cancer,”
California Medicine
99 (July 1963), 17. “This virtue of self-reliance,” McCarley continued, “may lead to such tension that pain may be intensified by the consequent increased muscle tension” (17)

76
. Albronda, “Psychological Aspects of Pain.”

77
. Fredric B. Nalven and John F. O'Brien, “Personality Patterns of Rheumatoid Arthritic Patients,”
Arthritis and Rheumatism
7, no. 1 (February, 1964), 18.

78
. For “the privileges and exemptions …,” see Talcott Parsons,
The Social System
(Routledge, 1951), 437; for “the patient with …,” see Frederic W. Rhinelander, “Treatment of Osteoarthritis of the Knees,”
Arthritis and Rheumatism
3 (1960): 561–63; see also Robert A. Herfort,
The Surgical Relief of Pain in Arthritic Disease: The Hip and Knee Joint
. (Springfield, IL: Thomas, 1967); on the sociology of gender and the headache, see Joanna Kempner, “Uncovering the Man in Medicine: Lessons Learned from a Case Study of Cluster Headache,”
Gender and Society
20 (October 2006): 632–56; for Michigan epidemiologist, see Sidney Cobb, “Hostility and Its Control in Rheumatoid Disease,”
Arthritis and Rheumatism
5 (June 1962): 290.

79
. See Bradley Commission Papers. As Oscar Hampton wrote, “We have in the Veteran's Hospital now a man aged 69 (he now has a broken hip) who hasn't worked for the past nine years because he had a gastric resection (which to all intents and purposes was successful) because he is able to draw a 100% disability under these provisions.” Box 28, folder 69: Hampton, Oscar P., Jr. Glenn Spurling cited the case of a local doctor still earning disability benefits for a low back injury although he had built up “a large and lucrative surgical practice.” Box 28, folder 51: Spurling, R. Glenn.

80
. Bradley Commission Papers, box 28, folder 41: Altemeier, William A.

1
. Page v. Celebrezze, 311 F.2d 757, (5th Cir. Jan. 9, 1963).

2
. The
Kerner v. Flemming
ruling placed the onus on the Social Security Administration (SSA) to show (for even a person with minimal disabilities) that real work opportunities existed. Kerner v. Flemming, No. 52, Dkt. No. 26290, (2d Cir. November 18, 1960). See also Unemployment Insurance Report, no. 571-37, November 29, 1960, folder: Litigation in Kerner Case, 1958–1965, Bureau of Disability Insurance Division of Disability Policy and Procedures, Disability Program policy files, 1938–67, box 8 of 12, RG 0047, records of the Social Security Administration, National Archives and Records Administration; for “and see the oldsters …,” see Edwin Brinkley to Senator George Smathers, February 9, 1962.
Retirement Income of the Aging: Hearings before the Subcommittee on Retirement Income of the Special Committee on Aging
, United States Senate, Eighty-Seventh Congress, second session, part 10, Fort Lauderdale, FL, February 15, 1962. (Washington, D.C.: U.S. Government Printing Office, 1962), 907; for “a price we pay …,” see
Pain Brochure, 1968
, National Institute of General Medical Sciences, box 58, folder 6, John Bonica Papers, UCLA.

3
. For “chiselers,” see “Celebrezze Vows More Rehabilitation Emphasis,”
Los Angeles Times
, September 24, 1962, 14; see also “Report Shows Total of 102,378 Disabled Persons Rehabilitated,”
Atlanta Daily World
, September 13, 1962.

4
. For “in 1949 …,” see Don Shannon, “Kennedy Rips Nixon ‘Promises,'”
Los Angeles Times
, November 4, 1960, 1; for Kennedy and Page, see Landon H. Rowland, “Judicial Review of Disability Determinations,”
Georgetown Law Review
52 (1963–1964): 47. See also Robert Dallek, “The Medical Ordeals of JFK,”
Atlantic
, December 2002.

5
. Page v. Celebrezze.

6
. Collyn A. Peddie, “Lessons from the Master—The Legacy of Judge John R. Brown,”
Houston Journal of International Law
25 (2002–2003): 247.

7
. Brown, whose court purview extended to Alabama, Louisiana, Mississippi, and Georgia, became a major force in the era's civil rights rulings as part of the Fifth-Circuit Four. Jack W. Peltason,
Fifty-Eight Lonely Men: Southern Federal Judges and School Desegregation
(Urbana: University of Illinois, 1971); for “those of us …,” see “Whites Can't Know Pain of Racial Bias, RFK Says,”
Baltimore Afro-American
, November 9, 1963, 13; See also William O. Walker, “The Pain of Race Hate Is Peculiar to the Negro,”
Cleveland Call and Post
, May 30, 1964, 6B; for “climb in [her] …,” see Harper Lee,
To Kill a Mockingbird
(Philadelphia: J. B. Lippincott, 1960).

8
. For New York Circuit ruling, see Kerner v. Flemming; for “if pain is real …,” see Page v. Celebrezze.

9
. Theberge v. United States, 87, F.2d 697 (2d Cir., 1937).

10
. The
Page
ruling was not the first to lean in this liberal direction. Brown found support in Ber v. Celebrezze, 1960 (also an arthritis case), which endorsed the notion that even though the claimant's physical symptoms might have produced pain tolerable to other people, the physical symptoms “nevertheless amply [support] her complaint that in her particular medical case these symptoms were accompanied by pain so very real to her and so intense as to disable her.”

11
. Brown ruling in Page v. Celebrezze. Here, Brown cited two other cases, Butler v. Flemming, 288 F.2d 591, 595 (5th Cir., 1961); and Hayes v. Celebrezze, 311 F.2d 648 (5th Cir., 1963).

12
. For “a significant number …,” see Marian Osterweis, Arthur Kleinman, and David Mechanic, eds.,
Pain and Disability: Clinical, Behavioral, and Public Policy Perspectives
(Washington, D.C.: National Academy Press, 1987), 55. The quote references G. Zaiser, “Proving Disabling Pain in Social Security Disability Proceedings: The Social Security Administration and the Third Circuit Court of Appeals,”
Duquesne Law Review
22 (Winter 1984): 491–520; for “HEW tries literally …,” see The Solicitor General, August 24, 1965, Ralph S. Spritzer, on the case of
Massey v. Celebrezze
(No. 15823, C.A. 6), box 8 of 12, records of the SSA, Bureau of Disability Insurance Division of Disability Policy and Procedures, Disability Program policy files, 1938–1967, NARA; Entry 34, A1 FRC, folder: Litigation. As one Social Security administrator wrote in 1961 (quoting a federal judge), there has been “produced in the mind of the reviewing court an impression that the referees [at HEW] have been inclined to focus too much attention upon any evidence or inference which might justify a denial of claimed benefits and not enough upon other evidence which fairly detracts from its weight.” Mr. Abraham, Report of Meeting of Medical Advisory Committee, February 16 and 17, 1961, folder: Disability Insurance Memorandum No. 75, May 31, 1961, box 9 of 12, records of the SSA, NARA; on bureaucracy of relief,
see Ruth O'Brien,
Crippled Justice: The History of Modern Disability Policy in the Workplace
(Chicago: University of Chicago Press, 2001).

13
. The Solicitor General, August 24, 1965, folder: Litigation.

14
. For new trend, see Albert Averbach, “Projection of Courtroom Trauma,”
Tort and Medicine Year Book
1 (1961): 1–14; for “circling the wounded …” and “the doctor and lawyer …,” see “Law and Medicine, Text and Source Materials on Medico-Legal Problems by William J. Curran,” review by Melvin M. Belli,
Yale Law Journal
70 (January 1961): 492, 498.

15
. Lawrence Galton, “Pain,”
Popular Science
, July 1962, 42; Larry W. Myers, “‘The Battle of Experts:' A New Approach to an Old Problem in Medical Testimony,”
Nebraska Law Review
44 (1965): 548.

16
. For “today's chronic disorders …,” “deny that pain …,” and “the ‘fit' of certain signs …,” see Irving Kenneth Zola, “Culture and Symptoms—an Analysis of Patient's Presenting Complaints,”
American Sociological Review
31 (October 1966): 615, 623, 618. See also Jerome L. Singer, “Ethnic Differences in Behavior and Psychopathology: Italian and Irish,”
International Journal of Social Psychiatry
2 (Summer, 1956).

17
. Hubert Rosomoff, “Neurosurgical Control of Pain,”
Annual Review of Medicine
20 (1969): 189.

18
. Henry K. Beecher, “Increased Stress and Effectiveness of Placebos and ‘Active' Drugs,”
Science
, July 8, 1960, 91. See also Henry K. Beecher,
Measurement of Subjective Responses
(New York: Oxford University Press, 1959); and Henry K. Beecher, “Anesthesia's Second Power: Probing the Mind,”
Science
, February 14, 1947, 164–66; for “the power attributed …,” see Henry Beecher, “The Powerful Placebo,”
Journal of the American Medical Association
159 (December 24, 1955): 1606; for “placebos work best …” and on the evolution of pain theory and sugar pills as placebos, see “Placebos Can Calm Pains on Occasion, Dentists Are Told,”
New York Times
, September 11, 1959, 29.

19
. For “a person's reaction …,” see “How Much Pain Can You Stand?”
Science Digest
, April 1964, 46–47; for “conditioned anxiety …,” see “Feeling No Pain,”
Newsweek
, July 8, 1963, 61.

20
. For “spectatorial sympathy,” see Karen Halttunen, “Humanitarianism and the Pornography of Pain in Anglo-American Culture,”
American Historical Review
100 (April 1995): 303–34; for “do they not feel …,” see Patricia McBroom, “Martyrs May Not Feel Pain,”
Science News
89 (June 25, 1966), 505–6; for “how much pain …,” see “How Much Pain Can You Stand?,” 46.

21
. For Calvin's recurring pain, see “Three VA Youngsters Fight Dread Disease Which Killed Brother,”
Chicago Daily Defender
, November 14, 1962, 2; for “common Negro disease …,” see J. Donald Porter, “5,000 Stricken by Sickle
Cell Anemia Yearly,”
Philadelphia Tribune
, January 19, 1960, 1; on pain, race, and racial politics in sickle cell disease, see Keith Wailoo,
Dying in the City of the Blues: Sickle Cell Anemia and the Politics of Race and Health
(Chapel Hill: University of North Carolina Press, 2001); for “nor is ‘suffer' …,” see John A. Osmundsen, “Gains Are Noted in Sickle Cell Anemia,”
New York Times
, March 21, 1965, 51; see also Harry Nelson, “Negroes Unaware of Danger: Doctors Press Warning on Sickle Cell Disease,”
Los Angeles Times
, November 1, 1967, A6; Keith Wailoo and Stephen Pemberton,
The Troubled Dream of Genetic Medicine: Ethnicity and Innovation in Tay Sachs, Cystic Fibrosis, and Sickle Cell Disease
(Baltimore: Johns Hopkins University Press, 2007).

22
. For writing disapproving of these views on “open society” in 1960 and liberalism, see Wilmoore Kendall, “The ‘Open Society' and Its Fallacies,”
American Political Science Review
54 (December 1960): 973; on subjective pain and real pain, see Arthur Kleinman, Veena Das, and Margaret Lock, eds.,
Social Suffering
(Berkeley: University of California Press, 1997); on arthritis, see Patricia McBroom, “Martyrs May Not Feel Pain.”

23
. For “the most famous …,” see “Koufax Given Injection to Reduce Pain,”
Washington Post
, January 26, 1966, B2; “Koufax Suffers Flare-Up of Arthritis in Left Elbow,”
New York Times
, July 30, 1965, 20; for arthritis as marker of disability, see Harold Kaese, “Koufax, Salaun, Joint Sufferers,”
Boston Globe
, December 7, 1966, 57; Milton Gross, “Koufax Could Forget the Needle but Not the Constant Pain,”
Boston Globe
, November 20, 1966, 51; see also Ruth Gale Elder, “Social Class and Lay Explanations of the Etiology of Arthritis,”
Journal of Health and Social Behavior
14 (March 1973): 28–38; for Eisenhower's wrist, see “Eisenhower's Type of Arthritis Is Mild,”
New York Times
, May 20, 1966, 38; for “arthritis cripples …,” see “Arthritis among the Poor,”
New York Times
, October 14, 1965, 42.

24
. For health insurance entitlement, see Faith Perkins,
My Fight with Arthritis
(New York: Random House, 1964); when he signed the bill, Johnson asked Americans to “see past the speeches and the political battles to the doctor over there that's tending the infirm and to the hospital that is serving those in anguish.” He credited President Truman, who “planted the seeds of compassion and duty which today have flowered in to care for the sick and serenity for the fearful.” “Transcript of Remarks by Truman and Johnson,”
New York Times
, July 31, 1965, 9; for “era of the hard sell …,” see Senator McNamara, Michigan, in
Frauds and Quackery Affecting Older Americans: Hearings before the Special Committee on Aging
, U.S. Senate Eighty-Eighth Congress, first session, Parts 1–3 (Washington: U.S. Government Printing Office, 1963), 2. See also “Drug Industry Warned about Overcharging Sick and Elderly,”
Norfolk New Journal and Guide
(December 23, 1967), 8; see also Don Colburn, “Pain, Placebos and Profits: Quacks Prey on Elderly ‘When They Feel Helpless,' Experts Warn,”
Washington Post
, November 27, 1985, H9.

25
. For “a billion dollar crippler …,” see
Arthritis: Billion Dollar Crippler, Highlights of the Report;
Surgeon General's Workshop on Prevention of Disability from Arthritis (Washington, D.C.: U.S. Government Printing Office, 1966); Howard Rusk, “13 Million Arthritics: Surgeon General Calls for Drive to Combat Effects of Crippling Illness,”
New York Times
, August 21, 1966, 95; for “not all who are poor …,” see Jacobus tenBroek and Floyd W. Matson, “The Disabled and the Law of Welfare,”
California Law Review
54 (1966): 809. A disability activist, tenBroek became a founder of the National Federation of the Blind. For “repressed hostility …,” see Fredric B. Nalven and John F. O'Brien, “Personality Patterns of Rheumatoid Arthritic Patients,”
Arthritis and Rheumatism
7, no. 1 (February, 1964), 18; for “the public …,” see “Talks Slated to Expose ‘Quackery in Arthritis,'”
New York Times
, September 23, 1962, 79. See also
Committee on Government Operations. Drug Safety. Part 5. Appendixes and Index: Hearings Before the United States House Committee on Government Operations
, Eighty-Ninth Congress, second session, on March 9, 10, May 25, 26, June 7–9, 1966 (Washington: U.S. Government Printing Office, 1966).