Las Vegas Sun

November 8, 2009

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PRESCRIPTION PAINKILLERS:

Doctor linked to 8 overdose fatalities

DEA suspends Buckwalter’s right to prescribe narcotics nationally

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Dr. Kevin Buckwalter was recorded during a sworn deposition. The DEA stripped him Thursday of his ability to prescribe controlled substances.

Friday, Dec. 19, 2008 | 2 a.m.

Dr. Buckwalter, In His Own Words

A Deposition of Dr. Buckwalter.

The Drug Enforcement Administration on Thursday stripped Dr. Kevin Buckwalter of his ability to prescribe controlled substances, alleging that at least eight of his patients since 2005 have died of overdoses.

The DEA said that allowing the Henderson physician to prescribe controlled substances “constitutes an imminent danger to public health and safety.”

The suspension of Buckwalter’s certificate of registration means he is not eligible to write prescriptions for controlled substances — including narcotics such as hydrocodone, methadone and oxycodone — anywhere in the country.

Timothy Landrum, DEA special agent in charge of its Los Angeles division, said in a statement about Buckwalter — the focus of a Sun investigation into overprescribed narcotics — that more Americans abuse prescription drugs than cocaine, heroin, hallucinogens and inhalants combined.

“Unfortunately, there are a few doctors using their position of trust in our communities to prey on those who are vulnerable to the abuse of these drugs,” Landrum said.

Bryce Buckwalter, the doctor’s brother and attorney, said Thursday evening in an e-mail that the DEA actions were unjustified and “the direct result of political influences within the State of Nevada ... We are confident we will be able to have the suspension lifted by the DEA.”

Kevin Buckwalter is being investigated for allegedly failing to properly examine patients and assess their need for drugs, prescribing excessive amounts of drugs and failing to properly monitor the use of controlled substances prescribed, the DEA said.

The DEA, which investigates cases for possible civil or criminal prosecution, would not comment further on its investigation. Buckwalter, a family physician and pediatrician whose records show he prescribed large doses of narcotics to some patients, will be able to appeal the DEA’s decision in an administrative hearing, possibly in February, officials said.

Buckwalter has been the subject of a months-long Sun investigation that included interviews with dozens of his former patients, former employees and families of loved ones who died while under his care. Four medical experts who reviewed patient records at the Sun’s request — with the permission of the patients or their families — concluded that Buckwalter prescribed alarmingly high amounts of narcotics and Xanax, with virtually no medical documentation, which contributed to the deaths of at least three patients.

The Nevada Medical Examiners Board has determined in its own investigation, which is ongoing, that Buckwalter committed malpractice in four cases, including one in which “excessive” doses of narcotics led to a patient’s death. On Nov. 13, the medical board and Nevada Pharmacy Board suspended the doctor’s license to prescribe controlled substances in the state. He subsequently sold his practice.

“This is getting bigger and bigger,” Dr. Andrea Trescot said of the DEA’s announcement about the eight patient deaths.

Trescot, a nationally known pain specialist who reviewed patient records on behalf of the Sun, said overdose deaths occur with even the best doctors. But they are rare occurrences, she added, saying three of her patients have died of accidental overdoses in about 15 years.

Trescot praised the DEA for taking action, but criticized the agency for taking so long. Sometimes the DEA hounds a doctor after one patient dies, but in this case there were many deaths and the DEA was slow to respond, Trescot said.

Dr. David Kloth, a past president of the American Society of Intervention Pain Physicians, who also reviewed records at the Sun’s request, said he has not seen enough evidence to determine whether Buckwalter’s behavior was criminal.

“I think he’s just not a good doctor,” Kloth said. “He’s poorly trained and operating way beyond his level of expertise.”

Kloth said that if allegations of criminal negligence are going to be directed at Buckwalter, they could also apply to the DEA and the Nevada medical board — which did not discipline him in 2005 after a complaint related to a patient death.

“Maybe the medical board in Nevada is criminally negligent for not stripping him of his license earlier,” Kloth said.

Kay Van Wey, a Dallas attorney who is representing the families of three people who died while under Buckwalter’s care, said she intends to discover what the medical board members knew, when they knew it and what they did about it.

Acting on patient complaints, the Sun investigated Buckwalter after the newspaper’s analysis of the DEA’s controlled substances database showed that Nevadans consume more narcotics per capita than residents of almost any other state.

Nevadans rank first in the country in per capita consumption of hydrocodone, the main ingredient in the drugs Vicodin and Lortab, and fourth in consumption of methadone, morphine and oxycodone, the primary ingredient in OxyContin.

The Sun also found that Clark County’s prescription drug deaths now outnumber those from all illicit drugs combined. Experts say doctors who overprescribe narcotics contribute to the crisis.

Discussion: 17 comments so far…

  1. The families of these 8 people who are no longer with us are left with an empty heart. Unbelievable there are 8 people this pattern must stop. You want to talk politics Bryce Buckwalter this suspension of his license is long overdue ! " Corruption " is what the regulatory agencies every last one of them allowed . Take away his ability in the year 2005 people would be alive to celebrate the holidays. Just think of these families pain & suffering (including the Buckwalters). Life will never be the same . I have to believe deep down that the Medical board will NOT give his license to prescribe controlled substances back. Although he can still practice medicine without this , there are plenty of patients who visit physcians for an illness not related to Xanax , Oxy's , Loratabs , and etc. Why did he give up being a doctor ?

  2. Quoted from the doctors attorney " We are confident we will be able to have the suspension lifted by the DEA."
    My quote " Over my dead body."

  3. Drug addicts will die sooner or later

  4. Better later then sooner . Not all are drug addicts . Maybe Dan you should die

  5. Dan you are the same ex jailbird who made awful comments on that other site right? Again I say you are an idiot. ANYONE who says that he is a great Dr. is only fooling themselves. The proof of his wrong doing is everywhere but people like you do not want to see it. No one deserves to die while under a doctors care. Again I say to you my daughter and son in law were not addicts, they were not drug or doctor shopping. They went to him because of existing health issues and he only made things worse. Why are you so hateful. I know it is tough for his patients who are addicts, they cannot get their " medication " anymore, and most doctors do not want you people for patients. You are the one with a problem. If he was innocent why did he stop practing altogether? He is a killer, and he has been stopped. next stop for him should be prison.

  6. Dr. Buckwalter has been the only Dr.that actually listened to my wife and didn't give her a blank stare when we were outlining the nightmare we have been going through for ten years. She has severe nerve damage and Dr. Buckwalter knows about nerve damage caused by Thoracic Outlet Syndrome. He also knew about this condition, most Drs don't. My wife was going to a pain management clinic and they were terrible.Dr. Buckwalter was attentive and did the proper research on my wifes condition to be able to properly treat her. Nobody holds a gun to your head to take what a dr. gives you. The patient should look into the medication and use some common sense before just taking anything from a dr. In Las Vegas doctors wont even prescribe medication to the people who actually need it and this ruins life for those who really need it. Dr. Buckwalter was one of a small few who tried to help. My heart goes out to the fatalities, but I support Dr. Buckwalter and hope he can get past this.

  7. eaglekeeper:
    Go to Summit medical group and let them take care of you & your wife your records are still there. I wonder how many patients left & found another doctor to prescribe drugs in bulk. For anyone to support this doctor , I just don't get it , how he has this split personality . Pain killers only mask the symptoms underneath it all is the problem. We shouldn't write narcotic scripts without a good reason .

  8. He should not have prescribed my friend Staci with all the meds she received. If this led to her depression and demise then I blame Buckwalter, and other doctors alike, because I lost a great friend, and I miss her very much. I've known her since 5th grade and is one person I knew the longest since I moved to Las Vegas. This doctor needs to be reprimanded for his poor decisions and actions. Look how many of his patients died, because of the deadly cocktail of drugs he has given his patients. This is not cool and its absolutely wrong to say all drug addicts will die. I hope you take back your words Dan because thats some pretty strong hate to suggest to someone like me who lost someone because of this doctors negligence. RIP Staci, I think about you all the time.

  9. I am absolutely disgusted with this man & all the regulatory agencies who get paid to protect people from this sort of thing happening , paper pushers , and not my job give it to someone else to take care of . I hope you state & federal workers are happy with the way you handled this case ( he killed 8 people). Lives are ruined , jobs are lost houses gone .Get off your xxx and put him away , and lets come up with a better solution. I hope Ms. Van Wey sues the state & government agencies. There is a fine line in Nevada. In fact I hope since your agencies didn't do their jobs you lose them like me.

  10. Northsider, I have been in contact with his former office manager, she has been telling me things that would blow you away ! Ms Van Wey will get him, he lied to the medical board when we had him investigated in 2005-2006, he lied in his deposition that is available here, after speaking with her, I think she will go after ALL agencies responsible. The medical board said in 2006 he did nothing wrong, yet, they say they busted him for what happened in 2004. If they knew what he was doing then, WHY did they not stop him then. They are equally responsible in this.

  11. I agree John , I know you lost Andrea ,and I lost my niece Staci. Yes his former office manager has sent me a message , she has been so kind. I am blown away at his depostion for Andrea. What a liar ! I received a letter from the Pharmacy board Nov 18.offering condolences for the senseless loss of Staci after complaining their response was that the pharmacies were apparantly all legal prescriptions. Give me a break ! What things did The office manager tell u , that is so sickening?
    You can respond to me on a private email . One drugstore was responsible for 1030 in 68 days . Tell me thats not to draw a red flag .
    Thanks

  12. Im shocked I wasn't one of the casualties. Put it this way I saw him last in Oct, the last time I got scripts from him and just ran out a week ago. he was giving me 200 oxycodone 15mg and 200 30mg oxycodone plus 10 75mg fentanyl patches just for pain in addtion to that, xanax, adderall, soma and this was every 21 days. I guess you could say i did it because i could i was never turned down everytime i asked for something new or an increase. funny how when my spouse was released from trauma to a rehab hosp. then home and they would not give him the fetanyl patches for home use even though he had been getting them there but Dr B had no problem giving the to him and since our appts were together I asked if it would be something that would work for me when the pain was worse than normal and of course I got them. Didn't know until i ran out and detoxed how freaking dangerous they are. You are supposed to change every 3 days well day 3 it wears off so you put another on and sometimes id just leave them on having up to 3 at a time on. And the patches don't give you a high so don't go there. I'm on my second week of detox and it's still hell.

  13. Does anyone know when the Medical board meets to determine Dr. Buckwalters punishment ?

  14. I hope on March 18 you lose your license for good,its not over because Staci's case is not on the agenda. If you do not go to jail the board will have failed .How could you do this to so many people.There are so many doctors that are prescribing opiates for pain that cannot be proven every month.Please stop the greed . Pharmacy Board you are just as responsible ,you can see just what comes through your system .

  15. there are 2 kinds of doctors these days...doctors that will prescribe you whatever you want and doctors who will prescribe you nothing at all. i have multiple sclerosis and the only thing that allows me to operate with a modicum of energy or operate at all is adderall. my current neurologist will prescribe me nothing that will make my life easier...even prednisone is outside his "moral compass". if anyone knows of a doctor who is willing to accept the fact that patients may know what works for them please let me know! i am at my wits end and exhausted in this heat and caring for my 1 year old son, weakened by the constant attacks of my immune system on my nervous system. i would gladly have gone to see this doctor instead of the holier than thou, condescending and uncaring doctors with whom i seem to get stuck.

  16. I was a patient of Dr. Buckwalter from 2005-2008. He did prescribe drugs when necessary, but since I'm not a DRUG ABUSER, there was no problem. He was a kind and caring doctor and I wish him well.

  17. "I think he's just not a good doctor," Kloth said. "He's poorly trained and operating way beyond his level of expertise." I do agree with this statement although if this were a school and a teacher was not doing his job correctly , the principal ( Medical board -DEA- Pharmacy board ) are all to blame . He was reported way to many times for them to NOT take notice .Just how many people had to die it keeps growing

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