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.

Florida Attempts to Crack Down on Pill Mills

Dallas dangerous drug attorney Kay Van Wey talks about pill mills

Known as the “Pill Mill Capital of the United States,” Florida has seen its fair share of problems associated with prescription drug abuse.  

But legislators are hoping to change the state’s bad reputation by implementing the Prescription Drug Monitoring Program, which keeps track of when, where, to whom, and by whom a prescription containing a controlled substance is prescribed.

Florida is not the first state to implement a prescription drug database.  More than 30 states currently have these databases in place.
 
Under Florida’s database, doctors and pharmacists must register beginning October 1st and will have seven days to file information regarding prescriptions for certain drugs that contain controlled substances.  Doctors and pharmacists will be able to check a patient’s prescription history before writing or filling any prescriptions.  Lawmakers hope that this will prevent pharmacy-hopping and give doctors an outlet in which suspicious activity can be reported.
 
Currently, nearly seven Floridians a day overdose on prescription drugs.  And according to Florida’s Attorney General Pam Bondi, more people are dying from overdosing on prescription drugs than they are from overdosing on illegal drugs.  
 
In 2010, doctors in Florida bought 89 percent of all Oxycodone sold in the United States.  That same year, the state had 1000 pain clinics up and running, but tougher laws have shut down 400 of them within the past year. And so far, 80 doctors have had their licenses suspended for prescribing large numbers of pills to patients without clear medical needs.  A doctor in Palm Beach County has even been charged with murder for prescribing a patient drugs on which he later overdosed and died.
 
As of now, the program must rely on private contributions and federal grants to continue running through June 30, 2012. The legislature is not allowing the program to accept donations from pharmaceutical companies in general, and particularly Purdue Pharma, the maker of the most widely abused prescription painkiller, OxyContin, which offered the program a donation of $1 million.

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. 

 

 

 

 

"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.