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twitterDoctor sued by families of 3 dead patients
Buckwalter prescribed painkillers recklessly, the lawsuits allege
Tuesday, April 28, 2009 | 2 a.m.
Sam Morris
Prescriptions bottles show the drugs Xanax and morphine prescribed to Andrea and Clint Duncan by Henderson physician Dr. Kevin Buckwalter. The Duncans died after overdosing on the medications.
Dr. Buckwalter, In His Own Words
A Deposition of Dr. Buckwalter.
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A Henderson physician who was linked by medical authorities to the deaths of eight patients after prescribing them narcotic painkillers has been sued by the families of three patients who died.
The lawsuits accuse Dr. Kevin Buckwalter of violating medical standards when he prescribed large doses of narcotic painkillers that contributed to their deaths.
Buckwalter was stripped of his license to prescribe controlled substances by the Nevada State Medical Examiners Board and the Drug Enforcement Administration after a Sun investigation linked his practice to multiple patient deaths. The oversight agencies linked Buckwalter to eight fatalities.
Buckwalter has stopped practicing medicine.
Maggie DeBaun, the mother of one of the victims, said she sued Buckwalter to bring public attention to prescription drug abuse.
“It’s not just a local or a personal problem, it’s an epidemic,” said DeBaun, whose 26-year-old daughter, Andrea Duncan, died after an August 2005 accidental overdose of drugs prescribed by Buckwalter.
The Sun wrote about complaints against Buckwalter after reporting that Nevadans consume greater quantities of prescription narcotics per capita than residents of almost every other state — and the use has skyrocketed in the past decade. Experts say a primary part of the problem is doctors who are careless with their prescriptions, or who prescribe the drugs as a way to make money.
The allegations in the three lawsuits, filed Friday in District Court, mirror those published in the Sun, which reported in October on Buckwalter’s treatment of the same three patients.
Buckwalter’s brother, Bryce Buckwalter, who also serves as his attorney, said in an e-mail: “Dr. Buckwalter truly cares about each and every one of patients, and as such, he is greatly saddened by the passing of these three individuals. However, Dr. Buckwalter is now being forced to defend himself, of which, he looks forward to having his day in court.”
Duncan had come to Buckwalter in November 2004, with back and head injuries suffered in a car accident four years before. Over the next nine months Buckwalter prescribed her 2,130 tablets of oxycodone, the primary narcotic in the drug OxyContin, plus 1,200 pills of hydrocodone, the main ingredient in the drugs Vicodin and Lortab, the lawsuit said. In addition, she was prescribed more than 3,500 Xanax pills.
Buckwalter gave a deposition on Duncan’s behalf in a lawsuit related to the car accident that caused her injuries. Under oath, he said he did not examine Duncan before prescribing her drugs, did not monitor the effects of the medication and did not tailor his treatment to the patient.
Dr. Andrea Trescot, a pain management specialist and professor at the University of Washington School of Medicine in Seattle who is serving as the plaintiffs’ expert in all three cases, said Buckwalter’s treatment of Duncan violated established standards of care. If Buckwalter had cared for her properly, “there is reasonable medical probability Andrea Duncan would not have died,” Trescot wrote in her court declaration.
Don and Barbara Baile, shown in a family photo, were married for 50 years. Baile says Buckwalter did nothing about the constipation that resulted from the narcotics he gave her.
In a separate lawsuit, the family of Barbara Baile accuses Buckwalter of failing to address her constipation — a common side effect of narcotics — which led to her bowels being ruptured, causing the toxic infection of her body and death by sepsis. Baile, 69, died in April after being prescribed narcotics by Buckwalter for about four years. Her husband, Don Baile, said that his wife frequently complained to the doctor about abdominal pain and constipation, but that Buckwalter did not address the problem.
Trescot, who reviewed Baile’s records, found that Buckwalter failed to monitor the effects of the drugs, kept inadequate records of the medications prescribed and did not assess the abdominal pain — acts and omissions that were “substantial contributing” factors to her death.
Staci Voyda, shown in an undated photo provided by her mother, committed suicide in August. She had been a patient of Dr. Kevin Buckwalter's.
The third lawsuit was filed by the family of Staci Voyda, 19, who according to her journal saw Buckwalter in February 2007 for help with her OxyContin addiction. He put her on large doses of the anti-anxiety medication Xanax and methadone, a narcotic that can be used to help addicts withdrawing from other narcotics. The prescriptions continued until Voyda survived an accidental overdose of methadone on June 8, 2007.
Less than two weeks later, Buckwalter prescribed Voyda 100 doses of hydrocodone, which is highly addictive and frequently abused.
In the ensuing weeks, Voyda’s family and friends said, she became totally withdrawn. Meanwhile, Buckwalter was prescribing her increasing doses of narcotic painkillers — including oxycodone, her narcotic of choice, starting July 29, 2007.
In a span of 11 days Buckwalter prescribed Voyda 310 oxycodone pills. On August 26 she killed herself.
The plaintiffs are represented by Kay Van Wey, a Dallas attorney who has filed complaints against doctors in other “pill mill” cases.
Van Wey said she is reviewing the cases of several other Buckwalter patients and that more lawsuits may be filed. The lawsuits seek unspecified damages.
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Dr Buckwalter was well known for his lax prescription style. One addict would recommend to another. This guy has been poisoning my friend for years. Unbelievable, the amount of prescription drugs in her home. I have been warning her for long time.
All of these drugs were so addictive ,the doctor should have had a plan when treatment started .Shame on him and all of the agencies who never stopped him.How many letters had to be written ? How many had to die? I do believe in karma. "Everything happens for a reason"
"In a span of 11 days Buckwalter prescribed Voyda 310 oxycodone pills. On August 26 she killed herself"
He should be in jail for murder.
Looking back to all of Marshall Allen's articles he has written . He has been doing this way before this doctor was in the news he has been trying to tell all government agencies & local pharmacy boards (We have a problem) a huge one ! You know this doctor could have been stopped 2 years ago , but the medical board & pharmacy board decided to look the other way .Well I won't . Please come forward all those families whose lives have been disrupted by doctor Buckwalter & other doctors who share our experiences of losing a loved one , we can't bring them back. But we can make a differance in this world by allowing all agencies to be punished for there slow actions regarding this case
Come On nobody stuffed them down their throats!
God gave us free will!!!!!!!!!!!!!!
Now that I think about it the World would be a much happy world if everybody was on Xanax. They should ban drinking and have valium and Xanax over the counter. People would not be killing, robbing,molesting and etc. They would be calm and peaceful, and the ones who took advantage and took too many well, then that would be their fault....pain killers, not the same...I can see maybe the pain was from their lives and dulling life is really what they wanted.
Timemist:
Freewill really now I am sure Barbara Baile the 69 year old woman really wanted to stuff pills down her throat you goof . Your thinking should stop now I hope you don't produce any offspring
god forbid they say things like you did .Duh !!
I don't know how old you are but for us that lived the 60's, drugs were the Thing!!! We did pills you probably never heard of.......and we didn't die....and her being 69 has nothing to do with overdose. Take a trip to Venice california there's alot of old hippies who stuff pills! And I do have off springs and they are very successful.....She could read right..most bottles have instructions.............
I don't see any difference between a scumbag drug dealer working on the Strip streets peddling his wares, or this creep-doctor mentioned in this case.
God, I love Nevada and especially Henderson. The place where rednecks and public employees rule, and the place where incompetent doctors go to jail or die. Did you ever wonder why there is so much traffic on the I-15 south on a Monday morning in this recession? No longer is it Cali residents returning home-it's Nevadans heading south to find decent health care. And nobody cares....
Barbara didn't overdose she was prescribed the incorrect medicine for her problem. Its called malpractice & wrongful death. Barbara & her husband were married for 50 years god bless her soul.
It's wrong for a doctor to prescribe meds ad nauseum but it boils down to a person having enough sense to read the label, follow instructions and know better than to mix a bunch of pills that could potentially kill them. People still do need to take some responsibility for their own decisions.
Thanks azsk8fan
That's what I am talking about.
Druggiest should get their drugs from street vendors. The quality is even worse, but they are harder to sue. :-)
Druggies (i.e. addicts) should get their drugs from street vendors. The quality is even worse, but they are harder to sue. :-)
A disturbing side effect of these doctors over-prescribing narcotics is that the people who really need them will find it harder and harder to get them.
The numbers this doctor is alleged to have prescribed are very high. His incompetence means some poor sap who just had all their wisdom teeth taken out will have to get by with Tylenol or aspirin.
Doctors like this not only hurt the people they addict to narcotics, they hurt the people who really need far smaller amounts of effective pain killer.
A good doctor examines their patients if you are in pain medical tests will prove this. Then the doctor (who went to med school for a professional degree) will prescribe accordingly.People who need pain medicine will get there medicine if it has been proven medically blood work,xrays and so on. Really what does the label say take 1 every 4 hours or as needed . These people took their meds as prescribed . The doctor should know that 5 different scripts will not mix & the pharmacists should also have caught this. Its about NOT keeping records for his patients , prescribing the SAME dose for a 200 pound person and for a person who weighs 114 pounds . When he tells a person who weighs 114 pds to take over 30 pills a day something is wrong .
If you guys are sticking up for the doctor , then why did the medical board suspend his ability to write presciptions for controlled substances only ? This man sold his practice the next day he could still practice medicine but has chose not to help people who are sick .I guess he decided why care about sick people if he can't prescribe those controlled substances . After all thats where he made all his money . Greedy little thing. He went to med school and took an oath to help the sick, he gave up.
People with chronic pain who are taken meds may not be the best judges of their actions. Perhaps the doctor being paid to help them should monitor their medications? This doctor failed his patients completely. And hopefully will be charged.
To those of you who have no heart what so ever concerning those who have died from this mans hands. I am Andrea Duncans Dad. As the story states he NEVER EXAMINED HER !!! for her injury.HE NEVER LOOKED AT HER MEDICAL RECORDS!!! All he did was prescribe more and more. My Daughter took only as prescribed, she TRUSTED him as a "DR " to do the right thing. HE LIED to the Medical Board !!! HE LIED under oath !!! He has no clue as to what he has done . I am sorry some of you feel that you are so above those who have died. My Daughter was a beautiful young woman, who was badly injured, she and our family did not deserve this, and neither did the other people and their families. I have nothing else to say anymore about this, it will be in the hands of the legal system to punish this man.
As the wife of one of his victims who is not suing him, he will be punished one way or another.
Johndelv,
I am so sorry for your loss!! Please forgive the ignorant and careless posts on this site. It's easy to be a backseat driver when you're sitting in the backseat.
Karma has a really ironic way of dealing justice.
Again I am so sorry for your loss!!
Based on the article and the deposition - no doubt this doc over-medicated. Having served on a jury in a civil case that has some similarities (back in the 80's) I don't think much will happen to this doctor. Without going into detail - one thing prominent in the jury room is going to be the "two-way street" arguments. It seems also that one of these patients was using street drugs as well. Throw in that contolled substance and prescribed narcotic use and/or abuse in Vegas is one of the highest in the nation, the jury will be more sympathetic to the doctor - after all - he's already lost his license.
Personal responsibility also plays out here on both sides. The doc should've and could've demanded these patients see specialists or he'd cease writing the scripts. But, puh-leese, taking 2mg of Xanax, along with Percocets, is a certain "drug-buzz" cocktail that overcompensates unless you have cancer or immediately following surgery.
Ms. DeBaun's mother's lawsuit might be an attempt to bring closure to her daughter's untimely death - but I can not believe that her daughter was unaware of the intensity of these medications.
First, I would like to take the time to say how sorry I am for all the families involved.
Unfortunately prescription drugs are a problem with all types of people. I know people who would break a bone and 6 months later you have a full blown addict own your hands. If the amounts of drugs the Sun says the Dr.was prescribing in a 9 month period is accurate then you could say depending on the level of age , tolerance, and pain he may have been very liberal with his RX pad.
What I don't understand is why the pharmacy did not say anything to the patients. I live in NJ and suffer from chronic pain. I see my Dr.once per month. I know from experience if you show up 2 days early with a narcotic script and its over a 1 month supply ,they will not fill it. All I want is for every body to understand a lot of people have build up a tolerance to these types of drugs. What most likely happens next is Dr. shopping. All I am Saying you can't blame the Dr. for everything I'll bet most of his and other Drs. alike have patients asking for certain drugs, that is why the drugs are addictive , because the can take a school teacher and with just oxycodone and morphine alone for a period of a month and have her on the streets begging some drug dealer for a pill or a shot of heroin. It does not sound nice but it is very true. The problem is for every drug addict that takes more than they should and may O.D., their are millions of people who take their meds. as prescribed.
Please don't out law prescribed pain killers just get rid of the few bad Drs. who are selling them to the community for a few $$$. As a chronic pain sufferer I don't know what I would do if they were no longer available.
NevadaFive, I think you hit the nail on the head - a jury might also question a persons own responsibility for taking drugs prescribed to them by a doctor who never examined them. I agree it is a 'two-way street' as you so aptly put it. The doctor certainly does bear some responsibility here - and in the case of the elderly lady and the bowel rupture the doctor is certainly at fault - but when it comes to people being willing to take drugs prescribed to them without an examination - well they have a certain amount of responsibility to bear as well. I suppose as long as every is going smoothly the doctor is their best friend - when things go awry he becomes the biggest villian to walk the face of the earth.
The purpose of the lawsuit is to show a pattern of irresponsible behavior by the doctors massive amounts of opiates given to these 3 people each case being separate in its own way. You may argue a patients responsiblity . Lets argue the doctors responsiblity why on earth would he prescribe Xanax Methadone Loratab and Oxy's to a young girl who walked into his office admitting she had an addiction problem? For the life of me what was he thinking ? You don't give her more of the same drug. If you were the doctor what would you do? You may ask why her family didn't know its because she moved out on her own with friends only seeing her family when she wanted to.Because of the HIPPA law we sign at the doctors office families can't receive information on anyone .The 19 year wanted no one to know of her addiction she walked into his office as a responsible person asking for help.Instead he gave her fuel for the fire she so desperately wanted to put out. She was a beautiful, kind young girl that will never hug her family ever again, and thats a tragedy .
This is why we have regulatory agencies. It's about checks and balances, when you step out of bounds and break the rules, you get punished.
The sad part of all this, the groups who are put in place to protect the public failed MISERABLY.An incompetent doctor is horrible but an incompetent protective agency is truly criminal.
"11 days, 310 oxy's" PLEASE, one of you free willers tell me how that is therapeutic medicine?? And before you start spewing falsehoods you owe it to anyone with half a brain in their head to at least do a little research!