A Tribute to Ken & Esther Scarborough

Far too many families have been devastated by a loved one’s addiction to prescription drugs. Unlike the images we conjure up when we think of a typical drug addict, the faces of prescription drug addiction are the faces of ordinary Americans. One of the casualties of prescription drug addiction was Christopher Scarborough, the 25 year-old son of Ken and Esther Scarborough of Kountze, Texas.

I came to know the Scarboroughs when I represented them in a legal case, which sought to hold the negligent parties accountable for Christopher’s death and to raise awareness about these pill mills, which often masquerade as pain management clinics. In the lawsuit, we alleged that the healthcare providers and clinic owners were nothing more than “drug dealers” who were trying to pass off their “pill mill” as a legitimate pain management clinic.

When Christopher went to this walk-in “pain management clinic,” he was prescribed a cocktail of more than 300 highly addictive narcotic pills, without even receiving an exam or seeing a doctor. Shortly thereafter, Christopher tragically died of an accidental overdose.

Rather than dwell on their son’s heartbreaking death, the Scarboroughs have chosen to help other families who have lost loved ones to prescription drug addiction and accidental overdose.

Since their son’s death, the Scarboroughs have worked every day to fight against the prescription drug epidemic in their son’s name. In 2009, they founded Parents Against Prescription Drug Abuse (PAPDA), a 501(c)(3) nonprofit corporation. They have also testified before the Texas Senate, worked to pass legislation to regulate the so-called pain clinics, given countless talks, and comforted other parents who have also lost their children to prescription drug overdoses.

The Scarboroughs need your help to continue their fight. You can help by making a tax deductible contribution to PAPDA at www.papda.net. Your contribution, no matter how slight, will help Ken and Esther keep fighting every day to prevent the reckless prescribing of narcotics from claiming another innocent life.

New Pain Pill to be Stronger than Vicodin

Pharmaceutical company Purdue Pharma and three other companies have announced a new prescription drug that will contain pure hydrocodone, a highly addictive narcotic painkiller.  The pill is expected to be 10 times stronger than Vicodin, one of the strongest painkillers available on the market.

Hydrocodone is an opiate much like heroin, oxycodone, codeine, and morphine.  The United States is the largest consumer of hydrocodone prescription pills, using 99 percent of what is on the world market.  Much of the hydrocodone available today is combined with other painkillers like acetaminophen.

Over the years, these pain pills have been criticized for being too addictive.  For example, OxyContin, produced by Purdue Pharma, is the most abused pain pill in the United States. When OxyContin was first introduced onto the market in 1995, abusers quickly learned that they could get a stronger high from the time-release caplets by crushing them.

Today, prescriptions that contain hydrocodone are a quick second to oxycodone in terms of abuse.  A stronger painkiller that contains pure hydrocodone could be disastrous for a nation already suffering with substance abuse and addiction.

The market for pain pills is $10 billion, and pharmaceutical companies are coming up with new drugs to get into the lucrative market. But big pharmaceutical companies are marketing the new drugs as safer, arguing that fewer patients will experience liver problems like they do with drugs that contain acetaminophen.

A form of pure hydrocodone could be on the market as early as 2013, but with an even more addictive prescription on the market, more patients may become addicted to the drugs, leading to numerous overdoses that will strain hospitals resources.  Abuse of hydrocodone alone has led to an uptick in the number of emergency room visits related to hydrocodone abuse.  In 2000, more than 19,000 visits to the emergency room were related to hydrocodone abuse, but in 2008 that number grew more than four times to more than 86,000 visits.

Prescription drug addiction is a brain disease that can be fatal if undetected or untreated. To learn more about America’s prescription drug addiction epidemic, visit www.vanweylaw.com.

Texas' Top Prescriber of Hydrocodone Busted in Raid

The Texas Medical Board announced that it had nabbed the state's biggest prescriber of Hydrocodone. Dr. Gerald Ratinov was acting as medical director for several Houston area "pain clinics." Several pharmacies were also targeted in the raid. Dr. Gerald Ratinov, an elderly neurologist, claimed to have been dupped by unscrupulous pill mill clinic operators. 

I applaud the efforts of all involved in their efforts to shut down sources of prescription drug diversion. It is also refreshing to see law enforcement enforcing recent legislation which was enacted to shut down pill mills. 

 

 

 

 

Ken and Esther Scarborough Carry the Torch

I want to congratulate my clients and friends Ken and Esther Scarborough of Kountze, Texas for their tireless efforts to end prescription drug addiction. As many of you know, Ken and Esther lost their only son Chris to an accidental prescription drug overdose. Chris, who was only 25 at the time visited a store front "pain clinic" and was prescribed huge quantities of the popular cocktail of hydrocodone, Soma and Xanax. 

Ken and Esther enlisted my services to fight for them in the Courts and that battle continues. However, Ken and Esther didn't stop with the filing of a lawsuit. They have formed an advocacy group called Parents Against Prescription Drug Addiction (PAPDA).

Their story was first featured on Dan Rather reports and yesterday they were featured on ABC's Good Morning America and Nightline.

I encourage everyone to view these stories to gain a better understanding of the flagrant practices of  "pill mills" and what is being done to try and eradicate them. 

Ken and Esther are my heroes. They have taken the tragedy of their son's death and turned it into a passion for helping others avoid a similar fate. I imagine there are times when the pain of their grief makes it hard to carry on, but they do. 

Thank you Ken and Esther for fighting the good fight and for spreading the word about pill mills. Congratulations on bringing the national spotlight onto the epidemic of prescription drug addiction.

 

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"Schneider the Writer" sentenced to 30 years


Yesterday U.S. District Court Judge Monti Belot sentenced Dr. Stephen Schneider to 30 years in prison and his wife Linda Schneider to 33 years in prison, in what Judge Belot called an “unavoidable tragedy motivated by greed.” Judge Belot told Dr. Schneider that the evidence showed that he had earned the nickname “Schneider the Writer” because often his only form of medical care consisted of writing prescriptions.

 

 

 

Judge Belot also criticized Mrs. Schneider, who served as office manager for the pill mill, emphasizing her culpability for creating and perpetuating the clinic as a generator of income, not as a place for competent medical care. The judge’s apparent view of Mrs. Schneider as the mastermind of the clinic, coupled with her additional convictions of money laundering (15 over Stephen Schneider's two), may have led to her harsher sentence.

Given the number of deaths linked to this case, the government asked for a life sentence. The defense asked for the minimum mandatory 20 years in prison.

A jury found the Schneiders guilty on five counts of unlawfully writing prescriptions and 11 health care fraud counts; Linda Schneider guilty of 15 money laundering charges, and Stephen Schneider guilty of two. The jury found that the Schneiders’ conduct resulted in serious bodily injury to 14 people, and the deaths of 10 patients.

Assistant U.S. Attorney Tanya Treadway has demonstrated that through tenacity, hard work, and courage, it is possible to bring pill pushers to justice, even if the pill pusher happens to have an "M.D." behind their name. I hope that more prosecutors will follow her example. With more prosecutions like this one, we can take a step closer to deterring doctors and those who conspire with them from writing prescriptions solely for their own personal financial gain.

 

 

 

 

Money Before Medicine


On its seventh day of deliberations, a federal jury on Thursday, June 24 found Kansas  doctor Stephen Schneider and his nurse wife Linda Schneider guilty of conspiring to profit from illegally prescribing painkillers to patients, many of whom later died. The jury also found the Schneiders guilty on five counts of unlawfully writing prescriptions and on 11 health care fraud counts. The jury found Linda Schneider guilty of 15 money laundering charges.


Assistant U.S. Attorney Tanya Treadway prosecuted the case, which consumed eight weeks of trial. In a 34-count indictment, the Schneiders were charged with conspiring to illegally distribute prescription drugs that contributed to 21 deaths, fraud, and money laundering. The prosecution put on evidence of 176 overdoses and 68 deaths related to the pill mill.


This was a case of “money before medicine,” Tanya Treadway said. According to the prosecution, about half of the 10,000 patients treated at the Schneider Medical Clinic received pain medication. The clinic was open 11 hours a day every day, had 14 exam rooms and  scheduled patients 10 minutes apart.  Prosecutors allege the clinic made $7 million in a little over four years through health care fraud. The Schneiders pocketed about $1.5 million. The prosecution put on evidence of 176 overdoses and 68 deaths related to the pill mill.


Dr. Schneider’s attorney, reportedly supported by the advocacy group Pain Relief Network that advocates for the right to pain treatment, argued that Dr. Schneider acted “with a pure heart.” He said that “what [Dr. Schneider] did with his patients, he did so innocently, he did so honestly, and he did so courageously.”

 

Curiously, Dr. Schneider chose to drive a bright yellow hummer emblazoned with skull and crossbones to and from the pill mill on a daily basis. I wonder what kind of message he was trying to send? Was he  in a state of deep denial or did he have  so little fear of ever being prosecuted for his pill peddling that he felt bulletproof? We will probably never know, but I am sure the vehicle represents to the victims everything that was wrong with the Schneiders and their so called medical practice.


Sentencing has not yet been set. The Schneiders could face up to a life sentence.  The Schneiders also will stand trial in several civil wrongful death lawsuits which have been filed against them.
 

 We applaud the courage of Tanya Treadway in stepping up to the plate to prosecute this case.  It takes hard work and effort to bring persons such as these to justice.  Prosecutions such as these must continue to happen. Pill mill operators need to go to jail  just like persons who peddle street drugs go to jail. Pill mill operators must also be held liable for monetary damages for the devastation that they are causing while lining their pockets with blood money.Hopefully, the combination of vigorous criminal and civil prosecution will stem the tide of prescription drug overdose deaths.
 

Houston Pill Mills targeted

The Houston Chronicle recently reported a story of  alleged pill mills (S&G Medical Clinic, Texas Medicine Direct, and Uptown Medical Clinic) which stand accused of distributing large quantities of Vicodin, Xanax and Soma without a valid medical purpose.

Dr. Nancy Sellars of Houston has been charged with engaging in organized crime and practicing medicine without a license at S&G Medical Clinic at 9110 Jones Road.  See a copy of the Complaints [PDF]. Non-licensed personnel were allegedly filling out pre-signeded medical prescriptions for a variety of medicines, the majority of which were the commonly abused "cocktail" of Vicodin, Soma and Xanax.  Dr. Sellars was disciplined by the Texas Medical Board in 2001 after pleading guildy to fraudulenty prescribing controlled substances.  See a copy of the Agreed Order [PDF]. 

A non-physician , Barry Ransom, 51, the owner of Texas Medicine Direct on Interstate 10, has been charged with engaging in organized crime through knowingly delivering a prescription for other than a valid medical purpose in the course of professional practice.  See a copy of the Complaint [PDF].  According to public records, Ransom has numerous prior convictions, including a conviction for possession of a weapon (1981), controlled substance felony convictions (1983, 1986), a conviction for possession of marijuana (2007), and a charge for driving while intoxicated, dismissed because Ransom was convicted on another count (1981).  In April, he was charged with yet another drug offense.

 According to the complaint against Dr. Sellars,

  • The "cocktail" Vicodin, Soma and Xanax are the most commonly abused narcotics in the houston area.

  • Vicodin abuse has surpassed the illcit use of marijuana in the Greater houston area.

  • The Harris County Medical Examiner's Office has directly attributed 111 deaths from June 2009 to December 2009 as related to the overdose of the narcotics included in the "cocktail."

  • At least two of the deaths have been directly linked to prescription sissued by Dr. Christina Clardy (Medical Director of S&G Clinic and Uptown Medical Clinic).

     

Dr. Clardy, 61, who lives in West University, was charged in March with engaging in organized crime at S&G Clinic and the Uptown Medical Clinic.  See a copy of the Complaint [PDF].

According to the Complaint against Dr. Christina Clarda,

  • Christina Clardy admitted that she knew that the prescription forms that she signed for uptown Medical Clinic were not used for medical purposes

  • During the 11 days the Uptown Medical Clinic was open, they had seen 171 patients

  • The patients came from all over the country, including New York, Arkansas, Louisiana, Wisconsin and Texas

  • Over 95% of the patient's diagnosis was "lumbar"

  • There were no refills cirlced on the prescriptions which creates a monthly client for the clinic, which is not typical for a therapeutic medical purpose

  • The clinic did not accept medical insurance, Medicare or Medicaid and only accepted cash as a form of payment, which is a common scheme for a clinic operating for purposes of illicit distribution of prescription drugs to stay off the radar and prevent being shut down by the Dexas Department of Public Safety who regulates such businesses

According to authorities, the clinics were responsible for illegally distributing more than 3 million tablets of Vicodin, Xanax and Soma in 2009, and before they recently shut down, they were on pace to distribute 5 million this year.  The two operations grossed over $1.4 million last year alone, according to Deutsch.

We are relieved to see that law enforcement is addressing the rampant pill mill problem which exists in Houston and throughout Southeast Texas. 

What is a pill mill?

A pill mill is a doctor's office or medical clinic whose purpose is not to treat sick or injured patients, but instead to reap enormous profits through the illegal diversion of prescription drugs. Law enforcement estimates that there may be tens of thousands of these pill mills currently operating in the United States.

While not all pill mills look alike, they can often times be spotted by the crowds of people gathering in their parking lots or the makeshift banner advertising "pain management" or "pain clinic". Pill mill doctors rarely have any pain management credentials, usually do not have hospital privileges, see 80-100 patients per day and typically only accept cash.

Pill mills work in conjunction with shady pharmacies and unethical pharmacists who are willing to turn a blind eye to apparent non-therapeutic prescribing practices.  Remember, the prescriptions are only worth the paper they are written on until a willing pharmacist agrees to dispense the drugs.

Some pill mills may have the appearance of a legitimate medical practice. However, the encounter will typically be very brief. Oftentimes, there will be very little medical history, little or no physical examination, no laboratory or diagnostic studies performed.  Some pill mills routinely write prescriptions for a drug cocktail, which is a combination of Lorcet or Vicodin, Soma and Xanax. This combination of drugs is commonly referred to as a "party pack", "Holy Trinity" or in some parts of the country a "Las Vegas Cocktail".

A legitimate pain management practice may also dispense narcotic pain medications, but only after a thorough physical examination, detailed understanding of the patient's medical history, and diagnostic tests. Typically, medical treatment such as physical therapy, injections, surgical procedures and psychotherapy are provided in conjunction with the prescription. 

Some pill mill operators have become smarter about flying under the radar screen and have adopted ways of looking more like legitimate medical practices.

Partially gathered by the CBS Evening news and myself, here are some tell tale signs of a typical pill mill:

  • It accepts cash only
  • You may or may not be seen by a physician
  • No physical exam required or performed
  • No medical records or X-rays are needed
  • Prior medical records not required
  • You ask for the medications rather than the doctor deciding what you need
  • The same drugs and combinations of drugs are prescribed over and over to most patients
  • There is scant medical documentation
  • You’re directed to "their” pharmacy
  • They treat pain with pills only
  • They give you a set number of pills and tell you specific date to come back for more
  • Huge quantities of drugs are prescribed at one time
  • They may have security guards
  • They may have a line of people outside or in the waiting room
  • They may accept out of town or out of state patients
  • Patients may arrive in carloads

Again, pill mills come in all shapes and sizes and some are better at hiding their true colors. However, there are a staggering number of pill mills that are operating right under the noses of law enforcement, medical licensing boards and other government regulatory agencies. Law enforcement is well aware of these types of clinics, but little has been done to eradicate them.  Meanwhile, enormous fortunes are being made and people continue to die from prescription drug addiction.