Discredited Surgeon Stays in the News, Unfortunately
You may have thought -- or hoped -- that you wouldn’t hear any more about John A. King, the discredited surgeon and defendant in 124 malpractice lawsuits that have resulted in settlements of more than $100 million. But you would not be so lucky.
According to Paul J. Nyden’s article in the February 1 (Charleston, WV) Sunday Gazette-Mail, a qui tam (whistleblower) complaint filed on May 12, 2006 alleged that King performed unauthorized experimental surgeries on 26 of his patients.
On November 17, 2008, United States District Judge John T. Copenhaver, Jr. unsealed the complaint, which was filed in the Southern District of West Virginia against medical device manufacturer EBI, L.P. on behalf of eight of King’s former patients whose medical expenses were submitted for payment to or paid by Medicare or Medicaid. United States ex rel. Lisa Coiner v. EBI L.P., Civil Action No. 2:06-CV-0353.
Here is the complaint, which alleges that:
In sum and substance, King and [his former physician assistant David] McNair took studies that failed in laboratory animals, and then, without any reasonable basis to conclude that they would be successful, began to experiment on humans.
The complaint also alleges that EBI “established a system of kick-backs to physicians who prescribe EBI Ionic Spacers. These kick-backs are administered by the EBI sales department, and frequently disguised as consultantships although unrelated to any scientific or educational activity. The kick-backs have taken the form of cash payments, travel benefits, entertainment and other benefits.”
And as if all of that weren’t enough, the complaint alleges that King and McNair failed to obtain the patients’ informed consents and institutional review board approval that are required for an experimental treatment protocol, such as the surgery that King and McNair performed.
According to the docket, the United States is not intervening in the case at this time, and EBI’s answer is due on or before March 10.
That story was followed by one on February 2, in which Nyden reported that the United States Trustee for King’s bankruptcy in Alabama had filed a notice of intent to abandon claims made by King in his lawsuits against various defendants, including HCA, Putnam General Hospital, individual physicians, and corporate officials. That means that King will not be able to recover from the defendants in those actions.
Additionally, a hearing was scheduled for yesterday before United States Bankruptcy Judge Thomas Bennett on King’s defense to the Internal Revenue Service's claim that he owes more than $1 million in unpaid taxes.
Then, Nyden reported on February 4 that, in what has become a routine occurrence, King has sued the lawyer he had hired to represent him in lawsuits against three other law firms and HCA.
Representing himself this time, King filed suit on January 28 against Lance Rollo in United States District Court for the Northern District of West Virginia. Here is the complaint, in which King alleges claims for negligence/malpractice and breach of contract by Rollo in representing him against his former lawyers and HCA (I have omitted the 27 exhibits attached to the complaint). King v. Rollo, Civil Action No. 1:09-CV-0015.
King seeks $25 million compensatory and $25 million punitive damages from Rollo, but hasn’t attempted to serve the complaint.
The Credentialing Resource Center Blog points out that at this rate, King won't have anyone left to sue, And the NY Medical Malpractice and Accidents blog is right that you can't make this stuff up.
Finally, in a bit of good news, Nyden reported yesterday that the Pennsylvania Board of Osteopathic Medicine has scheduled a hearing on April 6 to determine whether to revoke King's license. King’s defense to the proceeding is that Pennsylvania cannot revoke his license, as he had already voluntarily withdrawn it in October 2008. Fortunately, the withdrawal of his license does not prevent the Board from revoking it.
King has already lost his medical licenses in Alabama, Indiana, Michigan, Ohio, Texas, Virginia, and West Virginia; his licenses expired without any formal action in Georgia and New Jersey. But incredibly, he still holds licenses in Florida, New York, and Tennessee.
