Pt had ingested far more pills than prescribed on the day he died and had taken other drugs that were not prescribed

Kansas doctor sentenced to life in prison for patient death

https://wtop.com/national/2019/03/kansas-doctor-sentenced-to-life-in-prison-for-patient-death/amp/

WICHITA, Kan. (AP) — A Kansas doctor was sentenced to life in prison Friday for unlawfully prescribing medication blamed for an overdose death, the latest prosecution in a government crackdown on physicians amid an opioid epidemic.

Steven R. Henson was immediately taken into custody following sentencing. There was an audible gasp in the packed courtroom when U.S. District Judge J. Thomas Marten pronounced the life sentence. Henson showed no emotion.

A federal jury convicted the 57-year-old Wichita doctor for the 2015 death of Nick McGovern. Prosecutors alleged McGovern, who received prescriptions from Henson, died of an overdose of the anti-anxiety drug alprazolam and methadone, which is used to wean addicts off heroin.

The government presented evidence at trial that Henson wrote prescriptions in return for cash, postdated prescriptions and wrote them without a medical need or legitimate medical exam. Prosecutors said the doctor prescribed opioid medications in amounts likely to lead to addiction.

He also was convicted of conspiracy to distribute prescription drugs outside the course of medical practice, unlawfully distributing various prescription drugs, presenting false patient records to investigators, obstruction of justice and money laundering.

His case is the latest in a string of prosecutions across the nation targeting physicians accused of overprescribing opioids.

“I want this case to send a message to physicians and the health care community,” U.S. Attorney Stephen McAllister said in a news release. “Unlawfully distributing opioids and other controlled substances is a federal crime.”

The National Association of Attorneys General, working under a research grant, found there had been 378 doctors who had been charged or whose cases were resolved by the end of 2016. Of those, U.S. attorneys’ offices charged 249 and state authorities charged 131, its researchers found.

Defense attorney Michael Thompson said his client was disappointed in the sentence and planned to appeal.

“When acting as a physician he always acted with the best interest of patients,” Thompson said.

His attorneys had urged the court to impose the lowest possible sentence, arguing McGovern had ingested far more pills than prescribed on the day he died and had taken other drugs that were not prescribed. They contended Henson did not write a prescription that would have resulted in the death if taken as directed.

In a brief courtroom statement, Henson said he trained hard to become a physician.

“I only had one goal in life as a physician and that is to take excellent care of patients and increase functionality,” he said.

But the judge was unmoved by that statement, telling Henson he put his patient in a position where he had to take those pills in order to get through the day.

“You were exacerbating a problem; you were not treating it,” Marten said.

Several tearful members of the McGovern’s family spoke in court of the impact the death has had on them, telling the court the family deserves to see justice served so this example won’t ever happen to another family.

Some 47,600 Americans died of opioid overdoses in 2017 , according the U.S. Centers for Disease Control and Prevention. Opioid deaths were 13 percent higher compared to 2016, up a notch compared to the nearly 500 percent increase in overdose deaths since 1999. The street drug fentanyl is the top overdose killer now, displacing heroin and pain pills. Prescription painkillers contributed to 14,495 deaths in 2017.

This doctor apparently did not get a trial by jury… just a judge..  Here is a quote from the Prosecutor Prosecutors said the doctor prescribed opioid medications in amounts likely to lead to addiction..ADDICTION IS A MENTAL HEALTH DISEASE

He also stated:  methadone, which is used to wean addicts off heroin..   If a person lives in the state of WASH and is a chronic pain they will ONLY GET METHADONE for their pain – unless allergic to it.

The Defense stated:  McGovern had ingested far more pills than prescribed on the day he died and had taken other drugs that were not prescribed.

This is a non-compliance issues – a PERSONAL CHOICE… how many prescribers have been sent to jail because one or more of their pts DID NOT TAKE THEIR MEDICATION AS DIRECTED and died from complications of their UNTREATED HEALTH ISSUES  ?  HOW ABOUT ZERO !!

Here is a LIE that the media keeps repeating:  Prescription painkillers contributed to 14,495 deaths in 2017  Once “prescription painkillers” are no longer in the possession of the entity/person that has the legal right to possess them (Pharma, wholesaler, Pharmacy, pt prescribed to) they AUTOMATICALLY become an ILLEGAL OPIATE.  Is this a stat that they don’t track or just don’t divulge to the public ?

 

 

5 Responses

  1. Steve:
    “Here is a LIE that the media keeps repeating: Prescription painkillers contributed to 14,495 deaths in 2017 Once “prescription painkillers” are no longer in the possession of the entity/person that has the legal right to possess them (Pharma, wholesaler, Pharmacy, pt prescribed to) they AUTOMATICALLY become an ILLEGAL OPIATE. Is this a stat that they don’t track or just don’t divulge to the public ?”

    This little bit of truth has been driving me nuts forever…they NEVER mention that most of the “Rx meds” involved in ODs are ILLEGAL, b/c they’re taken by people they were not prescribed to.

  2. This is ludicrous! Will McDonald’s be held accountable for the person who dies from a heart attack, on the same day that they happened to consume too many items off their dollar menu? Will Anheiser Bush be held accountable for the person who buys a 30 pack and then consumes it all in one day and does from alcohol poisoning? Better yet,will Judge’s be held accountable for the people that don’t adhere to all of their probation requirements,and or commit crimes after they are released?

  3. The problem is accountability. You take more pills than is directed and you die…your fault. Not mine not anybody else’s. You take illicit drugs that’s the choice you made, and then you die? That’s your fault. Nobody should be held accountable for another person’s actions unless they’ve got a gun to their head.

  4. See,,,,,I see this as bullsh-t…At what point do we as adults take responsibility for what we put in our OWN BODIES AS ADULTS?!!!!When and why has this line allowed to be crossed that no adult is ever responsible for his own body??When was informed consent thrown out the window?Why in America has a judicial system allowed all adults to be sooo irresponsible for what we choose to put inside our own bodies?NO OTHER COUNTRY ON EARTH ,,NOT 1,,,,IS ARRESTING DOCTORS ,,,NOT 1,,,SOO WHAT THE HELL IS WROING W/THIS COUNTRY,,?ARE WE JUST SOOOOO WIMPY,, men/women,,thats it always someone elses fault, not the person n the mirror??marywy

  5. Has the court released the toxicology report? It would be very interesting to see it✨

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