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Dr. Kevin Buckwalter was recorded during a sworn deposition.
Tuesday, Jan. 5, 2010 | 12:48 p.m.
Related Document
Dr. Buckwalter, In His Own Words
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A Deposition of Dr. Buckwalter.
Sun coverage
Sun Topics
A doctor whose prescriptions have been linked by federal officials to the deaths of at least eight people is suing the attorney representing the families of some of his deceased patients, claiming she defamed his name in stories published in the Las Vegas Sun.
Dr. Kevin Buckwalter, the subject of a lengthy Sun investigation, was stripped of his license to prescribe controlled substances in December 2008 by the Nevada State Board of Medical Examiners and the Drug Enforcement Administration. The Sun has reported that Buckwalter prescribed what experts said were extremely high doses of narcotics — sometimes to drug addicts — without performing physical examinations.
Dallas attorney Kay Van Wey is representing the families of five people whose deaths were allegedly caused by Buckwalter, who went to medical school in the West Indies and is specialty-trained to practice family medicine.
The doctor’s lawsuit highlights one quote that Van Wey made in a Sun story: “These rogue doctors like Dr. Buckwalter ... have reaped enormous profits by using their prescription pads as a printing press to make money,” Van Wey said.
The starting point for a defamation case would be if the quote is untrue. Van Wey stands by her statement.
“This lawsuit is a shameful attempt to divert the focus from the doctor's wrongdoings and to intimidate those of us who are trying to help the victims,” Van Wey said. ”I will not be intimidated or deterred from our mission to expose the truth. I stand by my opinion that the evidence will show that (Buckwalter’s) practices were far outside the bounds of any normal or acceptable medical practice and that there was likely a financial motive involved.”
Buckwalter’s brother Bryce Buckwalter, who is his attorney, did not respond to requests for comment. In the complaint he wrote that his brother “is not a rogue doctor” and has never “intentionally” written prescriptions in an effort to “unlawfully” make a profit.
The lawsuit says that Van Wey’s statements are false and have damaged Buckwalter’s standing in the community.
The DEA also made strong statements about his practices when it took away his license to prescribe. At the time, the DEA said that allowing the Henderson physician to prescribe controlled substances “constitutes an imminent danger to public health and safety.”
Timothy Landrum, DEA special agent in charge of its Los Angeles division, said at the time in a statement about Buckwalter: “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.”
Evidently Dr. Buckwalter is unfamiliar with the litigation privilege and protected communications. If only NV had an effective SLAPP statute...
Good luck with that, Buckwalter. You had your license taken for good reason. Where's the defamation? Don't you have to show damages? What damages could possibly be done to a doctor who had their license stripped? You, sir, are lucky you aren't in jail.
In defamation cases, truth is an absolute defense.
LasVegasLawyerGal is absolutely correct that Nevada needs an effective SLAPP statute. If the good doctor filed his lawsuit in a California court, it would be dismissed roughly 60 days later, and he would have to pay the defendants' attorneys fees just adding to his trouble.
In the more than 10 years since California adopted its anti-SLAPP law, a huge body of case law has developed, 99.9% of it protective of free speech and freedom of the press rights. In addition the California Legislature has tinkered with with the statute, making it better and better, in terms of protecting free speech.
The Sun would be well served, in the 2011 Legislative Session, by convincing the Legislature to pass a bill adopting a revised SLAPP law identical to California's statutes, and though I know this will horrify Nevadans, specifically adopting California's huge body of case law interpreting the statute as binding precedent, so that b.s. claims trying to get around the statute can be quickly disposed of.
He looks like a killer!
So we hear from the killer doctor again. He feels embarassed by what the attorney said about him. Well, tell your brother to come sue me too! You gave presription drugs to a 20 year old girl who ended up killing herself. You should feel ashamed for what you have done to families instead of having your brother file a lawsuit on your behalf. You lost your license to prescribe drugs because of your incompetence. It must be in your DNA because for your brother to file this lawsuit he is also incompetent. Wake up Buckwalter, you are responsible for the deaths of these people and now you will have to pay.
Is this the best he can do ? Looks like he has no where to go but jail.
To the doctors brother :
How dare you defend your brother are you not aware of the destruction he has caused ? Lives were lost because of his inability to STOP writing presciptions , he thought he was above & beyond when in reality he was himself addicted to his presciption pads . All of the government agencies are responsible for not taking away that so called license he displayed from the West Indies .Now my niece is dead & I will never see her , but you can see your brother anytime you want . Hopefully it will be through bars . Why can't he say he is sorry for all 10 deaths .
He took away a princess to say the least . RIP STACI